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Constitutional Law Case SummariesCompiled by Justin R. Winchester (WNCJUS001)
Section 1: An Introduction to Democracy, Constitutionalism and the South African Constitution 3
United Democratic Movement v Speaker of National Assembly 2017 CC 3
Economic Freedom Fighters v Speaker of the National Assembly 2017 (EFF 2: Impeachment Case) 7
Section 2.1: The National Legislature 13
Democratic Alliance v Speaker of the NA 2016 CC 13
Doctors for Life International v Speaker of the National Assembly & Others 16
Tongoane v Minister of Agriculture and Land Affairs 2010 22
Justice Alliance South Africa v President of SA 25
EFF v Speaker of the NA; DA v Speaker of the NA (EFF 1: Nkandla case) 28
Section 2.2: The Executive 31
President of the Republic of South Africa and Another v Hugo 1997 (CC) par 5-29. 31
Albutt v Centre for the Study of Violence and Reconciliation 2010 (CC) 35
Democratic Alliance v President of SA (Simelane case) 38
President of SA v Office of the Public Protector (para 59 – 71) 42
Section 2.3: The Judiciary 44
Van Rooyen and Others v S and Others 2002 (8) BCLR 810 (CC) paras 1-86. 44
Minister of Health and Others v Treatment Action Campaign and Others 2002 47
Helen Suzman Foundation v Judicial Service Commission 48
DONE: Justice Alliance of South Africa v President of the RSA and Others and Two Similar Applications
2011 (10) BCLR 1017 (CC). 50
DONE: Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v
Speaker of the National Assembly and Others (CCT 143/15; CCT 171/15) [2016] ZACC 11 paras 15-47 (on
the exclusive jurisdiction of the Constitutional Court). 50
Section 2.4: Chapter 9 Institutions 50
DONE: Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v
Speaker of the National Assembly and Others (CCT 143/15; CCT 171/15) [2016] ZACC 11 (‘the Nkandla
Judgment”) 50
DONE: President of the Republic of South Africa v Office of the Public Protector and Others (91139/2016)
[2017] ZAGPPHC 747; 2018 (2) SA 100 (GP); [2018] 1 All SA 800 (GP); 2018 (5) BCLR 609 (GP) (13
December 2017), paras 59-71. 50
DONE: Corruption Watch (RF) NPC and Another v President of the Republic of South Africa and Others;
Council for the Advancement of the South African Constitution v President of the Republic of South Africa
and Others (62470/2015) [2017] ZAGPPHC 743; [2018] 1 All SA 471 (GP); 2018 (1) SACR 317 (GP) (8
December 2017), paras 116-123. 50
Section 3: Multi-Level Governance 51
DONE: Tongoane and Others v Minister for Agriculture and Land Affairs and Others 2010 (8) BCLR 741
(CC) paras 45-110 51
Federation of Governing Bodies for South African Schools (FEDSAS) v Member of the Executive Council for
Education, Gauteng and Another 51
South African Municipal Workers' Union v Minister of Co-Operative Governance and Traditional Affairs
(CCT54/16) [2017] ZACC 7. 52
Premier: Limpopo Province v Speaker of Limpopo Provincial Government and Others 52
In re Constitutionality of the Liquor Bill 2000 (1) BCLR 1 (CC). 54
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, Section 1: An Introduction to Democracy, Constitutionalism and
the South African Constitution
United Democratic Movement v Speaker of National Assembly 2017 CC
Summary: This case about whether a secret ballot should be allowed in the process of a no confidence
vote (s89 of C). The court held that it was, as the speaker was in no way limited in. law, and the court
mentions a lot how it actually advances NB constitutional principles of accountability and democracy.
Facts:
Following the President’s decision to fire Pravin Gordon, the South African economy was declared as
being “junk status” and faced major economic problems as a result.
As a means of holding the president (Zuma) accountable to this decision, a motion of no confidence
was instituted against Zuma by DA supported by UDM, EFF and ANC.
The UDM proposed to the Speaker that the voting be done in secret.
Speaker refused on the grounds that she did not have the authority to do so.
UDM appealed the decision and that’s how we got to the CC.
Legal Issue:
Does the C read with the Rules of the NA give the Speaker of the NA have the power to prescribe
voting by a secret ballot in a MONC?
Arguments:
UDM
🡪 A truly democratic outcome (from the no confidence vote) cannot be ensured with the high
likelihood that the vote would otherwise be tainted by fear of adverse and career limiting
consequences – i.e. bc of party dogmatisms and intimidation, people will be too scared to vote against
people in their own party as it might harm their own futures in those parties.
🡪 Obvious importance for public interest and truly democratic outcome.
🡪 There are no legal instruments that prohibited a secret ballot.
🡪 s57 and 86(2) of the C, read with item 6(a), Part A of Sch 3 to the C and rule 2 of the Rules of the
NA.
🡪 A vote of no confidence was necessary to achieve the publics best interest.
Speaker of the NA
🡪 Voting procedures of the NA are determined by the C and Rules of the NA, neither if which
explicitly provide for a motion of no confidence to be conducted by a secret ballot.
🡪 The Speaker is entrusted to ensure that the NA follows the C and RoNA at all times!
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