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Act to amend the Constitution of the Republic of South Africa, 1996, so as to enable a member of a Municipal Council to become a member of another party whilst retaining membership of that Council; to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and any one of the subdivisions to merge with another party, whilst allowing a ...
The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament – Act No. 108 of 1996 – but, since the passage of the Citation of Constitutional Laws Act , [ 2 ] neither it nor the acts amending it are allocated act numbers.
The 1996 Constitution also still permits, however, in section 39(2) (as the Interim Constitution did in section 35(3)), indirect application of the Bill of Rights in horizontal cases. The presence of section 39(2), as Kentridge AJ stated, "prophetically," [ 28 ] in Du Plessis v De Klerk , "makes much of the vertical-horizontal debate irrelevant."
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
[8] The 34 constitutional principles are the basis of any South African constitution, and before a new constitution or amendments of the constitution can take effect these texts must be reviewed according to the 34 constitutional principles by the Constitutional Court of South Africa. [9] Constitutional Principle XXXIV read: 1.
The court found that it should balance the rights of property owners under the Constitution [27] with those of indigents and occupiers, [28] and ruled that the landowners' right to equality [29] would be infringed if the state were to burden them with providing alternative accommodation without compensation. The obligation to provide access was ...
Thus, in some other cases, constitutional judicial review does not rely explicitly on the principle of legality but instead relies directly on the court's interpretation of a constitutional right protected by Chapter Two of the Constitution of South Africa. [7] Under section 36 of the Constitution, when the exercise of a public power limits ...
The South African court system is organized in a clear hierarchy by Chapter 8 of the Constitution of the Republic of South Africa, specifically s166, and consists of (from lowest to highest legal authority): Firstly, a number of Magistrates' Courts (both smaller Regional and larger District). [5]