King and Others v Attorneys Fidelity Fund Board of Control and Another (561/2004)
King and Others v Attorneys Fidelity Fund Board of Control and Another (561/2004) [2005] ZASCA 96; [2006] 1 All SA 458 (SCA); 2006 (4) BCLR 462 (SCA); 2006 (1) SA 474 (SCA) (29 September 2005)
The Supreme Court of Appeal held that it does not have jurisdiction to declare a statute invalid on the grounds that Parliament failed to fulfil its constitutional obligation to facilitate public involvement in the legislative process. Such jurisdiction is reserved exclusively for the Constitutional Court under section 167(4)(e) of the Constitution. The court distinguished between statutory invalidity arising from procedural prerequisites and invalidity arising from breach of constitutional obligations, finding that only the latter falls within the exclusive jurisdiction of the Constitutional…
Source excerpt
- Public Involvement In Legislation
- Constitutional Obligation
- Statutory Invalidity
- Jurisdiction Of Courts