South Africa Case Law

African National Congress and Another v Minister of Local Government and Housing, Kwazulu-Natal and Others (CCT19/97)

African National Congress and Another v Minister of Local Government and Housing, Kwazulu-Natal and Others (CCT19/97) [1998] ZACC 2; 1998 (3) SA 1; 1998 (4) BCLR 399 (24 March 1998)

Court

Constitutional Court

Case number

CCT19/97

Judges

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

The Constitutional Court held that section 182 of the interim Constitution entitles traditional leaders to ex officio membership of local government bodies established after elections, including the regional councils created by Proclamation 54 of 1996. The Court rejected the appellants' argument that these councils are not 'local government referred to in Chapter 10' or 'elected local government' for the purposes of section 182. The Court found that the constitutional purpose of section 182 is to ensure continuity and representation of traditional leaders during the transition to democratic l…

Source excerpt

• Local Government Transition
• Traditional Leaders Representation
• Interpretation Of Interim Constitution
• Proclamation Validity