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Constitutional Law [2023] ZAWCHC 101

African Transformation Movement v Speaker of the National Assembly and Others (7186/2022; 21574/2022)

African Transformation Movement v Speaker of the National Assembly and Others (7186/2022; 21574/2022) [2023] ZAWCHC 101; [2023] 3 All SA 58 (WCC) (26 April 2023)

Court
Western Cape High Court, Cape Town
Case number
7186/2022; 21574/2022
Judges
Le Grange, Binns-Ward, Thulare

The court found that both applications were moot, as the votes in question had already taken place and any decision would have no practical effect. The Speaker's discretion was exercised with due regard to constitutional principles of openness and accountability, and her reasons were rational and holistic. The ATM failed to demonstrate any material error, irrationality, or bad faith in the Speaker's decisions. The court held that the validity of parliamentary resolutions does not depend on whether voting is open or secret, but on whether members exercise their votes without undue influence or…

Source excerpt

  • Secret Ballot In Parliament
  • Motion Of No Confidence
  • Impeachment Proceedings
  • Rationality Review
  • Separation Of Powers
  • Parliamentary Procedure
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Constitutional Law [2021] ZASCA 164

African Transformation Movement v Speaker of the National Assembly and Others (643/2021)

African Transformation Movement v Speaker of the National Assembly and Others (643/2021) [2021] ZASCA 164; [2022] 1 All SA 615 (SCA); 2022 (4) SA 409 (SCA) (2 December 2021)

Court
Supreme Court of Appeal
Case number
643/2021
Judges
Petse, Nicholls, Gorven, Kgoele, Smith

The Supreme Court of Appeal held that the Speaker of the National Assembly misconstrued the nature of her discretion by imposing an onus on the African Transformation Movement to justify a secret ballot for a motion of no confidence in the President. The Speaker's approach was fundamentally flawed, as the Constitutional Court has made clear that no such onus exists and that the discretion must be exercised afresh in each situation, considering all relevant circumstances. By asking the wrong question and failing to properly apply her mind to the merits, the Speaker's decision was vitiated by i…

Source excerpt

  • Rationality Review
  • Motions Of No Confidence
  • Secret Ballot
  • Parliamentary Procedure
  • Discretion Of Speaker
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Constitutional Law [2015] ZAWCHC 22

Tlouamma and Others v Mbete, Speaker of the National Assembly of the Parliament of the Republic of South Africa and and Another (3236/2015)

Tlouamma and Others v Mbete, Speaker of the National Assembly of the Parliament of the Republic of South Africa and and Another (3236/2015) [2015] ZAWCHC 22 (27 February 2015)

Court
Western Cape High Court, Cape Town
Case number
3236/2015
Judge
Binns-Ward

The Court found that the application for interim relief was properly brought as a matter of urgency, given the imminent parliamentary debate and the refusal of direct access by the Constitutional Court. However, the applicants failed to establish all requirements for an interim interdict. The Court was not persuaded that irreparable harm would result if the interdict was refused, as the applicants could withdraw and re-enlist the motion after the principal relief was determined. The respondent's assurances and the provisions of Rule 102A mitigated the risk of obstruction. Furthermore, the sep…

Source excerpt

  • Separation Of Powers
  • Interim Interdict
  • Urgency In Application
  • Motion Of No Confidence
  • Parliamentary Procedure
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Constitutional Law [2014] ZAEQC 2

Lourens v Speaker of the National Assembly and Others (EC08/12)

Lourens v Speaker of the National Assembly and Others (EC08/12) [2014] ZAEQC 2; 2015 (1) SA 618 (EqC) (17 September 2014)

Court
Equality Court
Case number
EC08/12
Judge
griesel

The court held that there is no constitutional or statutory duty on Parliament or the respondents to publish all national legislation in all official languages, nor to translate all national legislation into all official languages. The Constitution requires parity of esteem and equitable treatment of official languages, but does not mandate equal use or publication in all languages. The Joint Rules of Parliament, which require bills to be in one official language and translated into at least one other, are consistent with constitutional requirements. To the extent that the practice of publish…

Source excerpt

  • Official Languages
  • Language Rights
  • Unfair Discrimination
  • Parliamentary Procedure
  • Equality Act
  • Constitutional Interpretation
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Constitutional Law [2009] ZAGPPHC 127

Tongoane and Others v National Minister for Agriculture and Land Affairs and Others (11678/2006)

Tongoane and Others v National Minister for Agriculture and Land Affairs and Others (11678/2006) [2009] ZAGPPHC 127; 2010 (8) BCLR 838 (GNP) (30 October 2009)

Court
North Gauteng High Court, Pretoria
Case number
11678/2006
Judge
Lepwaba

The court held that CLARA was incorrectly classified and passed as a section 75 Bill, when it should have been processed under section 76 due to its substantial impact on provinces and its subject matter falling within Schedule 4 functional areas, including indigenous and customary law. However, the procedural defect was not found to be material enough to render the entire Act invalid. The court found that several sections of CLARA and related provisions of the TLGFA undermine secure land tenure, particularly for communities who have acquired land through their own efforts, by transferring co…

Source excerpt

  • Bill Of Rights Limitation
  • Customary Law Land Tenure
  • Parliamentary Procedure
  • Communal Land Rights Act
  • Traditional Leadership And Governance Framework Act
  • Ministerial Discretion
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Constitutional Law [2009] ZAWCHC 1

Glenister v Speaker of the National Assembly and Others (17259/2008)

Glenister v Speaker of the National Assembly and Others (17259/2008) [2009] ZAWCHC 1 (13 January 2009)

Court
Western Cape High Court, Cape Town
Case number
17259/2008
Judge
N J Yekiso

The applicant failed to adduce cogent evidence that the legitimacy of the parliamentary legislative process would be significantly contaminated if the process proceeded. He could not specify which or how many members were implicated in the Travelgate matter, nor did he provide the disciplinary report or other reliable evidence. The court held that intervention in the legislative process requires clear prima facie evidence of a likelihood of contamination, which was absent. Furthermore, the court found that the applicant had alternative remedies available, including making representations to t…

Source excerpt

  • Separation Of Powers
  • Parliamentary Procedure
  • Interim Interdict
  • Conflict Of Interest
  • Code Of Conduct
  • Travelgate Scandal
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.