Course Hero Logo

Constitutional Tutorial 1.docx - Moosa Ncalane 208515273...

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 1 - 2 out of 4 pages.

Moosa Ncalane208515273Constitutional Law: Tutorial OneQuestion 1The Constitutional Assembly (CA) adopted the final constitution text on 8thMay 1996which was subsequently refused by the Constitutional Court (CC) –Ex ParteChairperson of the Constitutional Assembly: In re certification of the Constitution ofRepublic of South Africa 1996 (4) SA 744 (CC).This was the first certificationjudgement. There were provisions in the new text that failed to comply with the 34Constitutional Principles. The Constitutional Court required the ConstitutionalAssembly to amend certain provisions in the new text before it could be certified.These provisions failed to comply:I.The right of employers to engage in collective bargaining was not recognisedand protected.II.Section 241(1) impermissibly shielded an ordinary statute from constitutionalreview.III.Amendments to the new text did not require special procedures involvingspecial majorities.1The fundamental rights, freedoms and civil liberties werenot entrenched in the new text.2IV.The Public Protector and the Auditor- General were not adequately providedfor in the safeguarding of independence and impartiality of these institutions.V.There was a failure to specify the powers and functions of the Public ServiceCommission which rendered it impossible to certify legitimate provincialautonomy.VI.Section 229 did not provide for appropriate fiscal powers and functions fordifferent categories of local government.

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 4 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Fall
Professor
NoProfessor
Tags
Parliament, Constitutional court

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture