South Africa Case Law

Premier: Limpopo Province v Speaker: Limpopo Provincial Legislature and Others (CCT 94/10)

Premier: Limpopo Province v Speaker: Limpopo Provincial Legislature and Others (CCT 94/10) [2011] ZACC 25; 2011 (11) BCLR 1181 (CC); 2011 (6) SA 396 (CC) (11 August 2011)

Court

Constitutional Court

Case number

CCT 94/10

Judges

Ngcobo, Moseneke, Froneman, Jafta, Khampepe, Mogoeng, Mthiyane, Nkabinde, Van der Westhuizen, Yacoob, Cameron

The Constitutional Court held that the Limpopo Provincial Legislature lacked authority to enact its own financial management Bill and declared it unconstitutional.

• Provincial Legislative Competence
• Financial Management Of Legislatures
• Express Assignment Of Powers
• Constitutional Interpretation
• Separation Of Powers
• Constitutional-law

Abahlali Basemjondolo Movement SA v and Another v Premier of Kwazulu-Natal and Others (1874/08)

Abahlali Basemjondolo Movement SA v and Another v Premier of Kwazulu-Natal and Others (1874/08) [2009] ZAKZHC 1; 2009 (3) SA 245 (D) ; 2009 (4) BCLR 422 (D&CLD) ; [2009] 2 All SA 293 (D) (27 January 2009)

Court

High Courts - Kwazulu Natal

Case number

1874/08

Judge

Tshabalala JP

The court found that the Slums Act, when read in its entirety, deals primarily with housing and not solely with land or tenure. Housing is a concurrent competence of national and provincial government under the Constitution. The Slums Act provides a legislative framework for implementing housing policies in KwaZulu-Natal and incorporates the procedural safeguards of the PIE Act, ensuring evictions are subject to judicial oversight and consideration of relevant circumstances. The Act does not conflict with national legislation, as it endorses and operates within the framework of the Housing Ac…

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• Provincial Legislative Competence
• Right To Housing
• Progressive Realisation
• Eviction Procedure
• Conflict Of Laws
• Meaningful Engagement

Magajane v Chairperson, North West Gambling Board (CCT49/05)

Magajane v Chairperson, North West Gambling Board (CCT49/05) [2006] ZACC 8; 2006 (10) BCLR 1133 (CC) ; 2006 (5) SA 250 ; 2006 (2) SACR 447 (8 June 2006)

Court

Constitutional Court

Case number

CCT 49/05

Judge

Van der Westhuizen

The Constitutional Court considered whether warrantless gambling inspections violated privacy and silence rights, and whether a provincial peace-officer provision was competent.

• Right To Privacy
• Right To Remain Silent
• Search And Seizure
• Provincial Legislative Competence
• Regulation Of Gambling
• Criminal Procedure

Henning v Premier of the North-West Provincial Government and Others (408/02)

Henning v Premier of the North-West Provincial Government and Others (408/02) [2003] ZANWHC 67 (27 November 2003)

Court

North West High Court, Mafikeng

Case number

408/02

Judge

M M Leeuw

The court found that the Premier's act of putting the North West Gambling Act No 2 of 2001 into operation was not administrative action and did not require reasons. The North West Provincial Legislature was competent to legislate on amusement machines and facilities. The applicant failed to prove that section 51 was unconstitutional or that her business fell outside the ambit of section 50, as there were material disputes of fact that could not be resolved on affidavit. The applicant had not applied for a licence under section 51, and the regulations were promulgated after the application was…

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• Provincial Legislative Competence
• Review Of Administrative Action
• Gambling Regulation
• Ultra Vires
• Condonation Of Late Filing
• Attorney And Client Costs

Western Cape Provincial Government and Others In Re: DVB Behuising (Pty) Limited v North West Provincial Government and Another (CCT22/99)

Western Cape Provincial Government and Others In Re: DVB Behuising (Pty) Limited v North West Provincial Government and Another (CCT22/99) [2000] ZACC 2; 2000 (4) BCLR 347; 2001 (1) SA 500 (2 March 2000)

Court

Constitutional Court

Case number

CCT22/99

Judge

Ngcobo

The Constitutional Court held that the North West Provincial Legislature was constitutionally entitled to repeal the Proclamation, except for regulations 1 and 3 of Chapter 1 and Chapter 9, which dealt with deeds registration and required uniform national norms and standards. These registration provisions did not meet the criteria for assignment to the province and thus remained national competences. The tenure provisions, although not expressly listed in Schedule 6, were inextricably linked to the planning, regulation, and control of settlements and thus fell within the provincial legislativ…

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• Provincial Legislative Competence
• Assignment Of Old Order Laws
• Repeal Of Apartheid Legislation
• Land Tenure
• Deeds Registration

In re: KwaZulu-Natal Amakhosi and Iziphakanyiswa Amendment Bill of 1995, In re: Payment of Salaries. Allowances and Other privileges to the Ingonyama Bill of 1995 (CCT1/96, CCT6/96)

In re: KwaZulu-Natal Amakhosi and Iziphakanyiswa Amendment Bill of 1995, In re: Payment of Salaries. Allowances and Other privileges to the Ingonyama Bill of 1995 (CCT1/96, CCT6/96) [1996] ZACC 15; 1996 (7) BCLR 903; 1996 (4) SA 653 (5 July 1996)

Court

Constitutional Court

Case number

CCT1/96, CCT6/96

Judges

Chaskalson, Mahomed, Ackermann, Didcott, Kriegler, Langa, Madala, Mokgoro, O'Regan, Sachs

The Constitutional Court held that the KwaZulu-Natal provincial legislature had the competence to repeal or amend the Amakhosi and Ingonyama Acts, as these Acts dealt with matters within Schedule 6 of the Constitution, namely traditional authorities and indigenous law. The disputed provisions, which prohibited traditional leaders from accepting remuneration from other organs of state except as provided by provincial law, were found to be reasonable conditions of office and incidental to the legislative competence of the province. The Court rejected arguments that the amendments constituted an…

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• Provincial Legislative Competence
• Remuneration Of Traditional Leaders
• Customary Law
• Property Rights
• Economic Activity Rights

Premier of Kwazulu-Natal and Others v President of the Republic of South Africa and Others (CCT36/95)

Premier of Kwazulu-Natal and Others v President of the Republic of South Africa and Others (CCT36/95) [1995] ZACC 10; 1995 (12) BCLR 1561; 1996 (1) SA 769 (29 November 1995)

Court

Constitutional Court

Case number

CCT36/95

Judges

Mahomed DP, Chaskalson P, Ackermann J, Didcott J, Kentridge AJ, Kriegler J, Langa J, Madala J, Mokgoro J, O'Regan J, Sachs J

The Constitutional Court dismissed challenges to 1995 amendments affecting provincial pay, traditional leadership, and local government transition rules.

• Constitutional Amendment Procedure
• Provincial Legislative Competence
• Traditional Leadership
• Local Government Transition
• Retrospective Legislation
• Constitutional-amendment-procedure