Constitution of the Republic of South Africa, 1996
Application by members of National Assembly to Constitutional Court
- Jurisdiction
- South Africa
- Provision
- 80
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(1) Members of the National Assembly may apply to the Constitutional Court for an
order declaring that all or part of an Act of Parliament is unconstitutional.
(2) An application—
(a) must be supported by at least one third of the members of the National
Assembly; and
(b) must be made within 30 days of the date on which the President assented to
and signed the Act.
(3) The Constitutional Court may order that all or part of an Act that is the subject of an
application in terms of subsection (1) has no force until the Court has decided the
application if—
(a) the interests of justice require this; and
(b) the application has a reasonable prospect of success.
(4) If an application is unsuccessful, and did not have a reasonable prospect of success,
the Constitutional Court may order the applicants to pay costs.
Source record
Source and verification
Constitution of the Republic of South Africa, 1996 · justice.gov.za · Retrieved 17 August 2026.
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