were in force in any area which forms part of the national territory, shall continue in force in such area,subject to any repeal or amendment of such laws by a competent authority."The purpose of section 229 of the Constitution was dealt with inS v Makwanyane and another1995 (6) BCLR 665(CC). Chaskalson P had the following to say:Page 11 of  JOL 2048 (Tk)" The purpose of section 229 was to ensure an orderly transition, and an inevitable consequence of itsprovisions is that there will be disparities in the law reflecting preexisting regional variations, and thatthis will continue until a uniform system of law has been established by the national and provinciallegislatures within their fields of competence as contemplated by Chapter 15 of the Constitution.(32) The requirement of section 229 that existing laws shall continue to be in force subject to theConstitution, makes the Constitution applicable to existing laws within each of the geographic areas [ofthe Republic of South Africa]. These laws have to meet all the standards prescribed by Chapter 3, andthis no doubt calls for consistency and parity of laws within the boundaries of each of the differentgeographic areas. It does not, however, mean that there has to be consistency and parity between thelaws of the different geographic areas themselves. Such a construction would defeat the apparentpurpose of section 229, which is to allow different legal orders to exist side by side until a process ofrationalisation has been carried out, and would inappropriately expose a substantial part if not theentire body of our statutory law to challenges under section 8 of the Constitution" (at 684F685B).Page 12 of  JOL 2048 (Tk)Section 96(1) provides that the judicial authority of the Republic of South Africa shall vest in the courts establishedby the Constitution and any other law. Section 98 establishes the Constitutional Court. Section 101 establishes theSupreme Court. The establishment of "other courts" is provided for in section 103 which provides that suchestablishment, jurisdiction, composition and functioning of these courts shall, subject to sections 241 and 242, beas prescribed by or under a law.Section 241(1) reads as follows:"Every court of law existing immediately before the commencement of this Constitution in an area whichforms part of the national territory, shall be deemed to have been duly constituted in terms of thisConstitution or the laws in force after such commencement, and shall continue to function as such inaccordance with the laws applicable to it until changed by a competent authority:Provided(a) that an appellate division of a supreme court which immediately before the commencement of thisConstitution exercised jurisdiction in respect of an area which forms part of the national territory, otherthan the Appellate Division of the Supreme Court of South Africa, shall cease to exist with effect from thedate of commencement of the Constitution of the Republic of South Africa Third Amendment Act of 1994;
Page 13 of  JOL 2048 (Tk)
You've reached the end of your free preview.
Want to read all 12 pages?
- Fall '18
- regional authority courts