Summary
Constitutional Law summary
- Course
- Constituional Law 271
- Institution
- Stellenbosch University (SUN)
Summary of 11 pages for the course Constituional Law 271 at SUN
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Constitutional Law 271Know off by heart
A2
Topic Theory
Cases - E – (-) Economic Freedom Fighters v Speaker of the National Assembly
(EFF 1) 2016
- H – Harris I
- H – Harris II
- C – Collins
- A – (x) Azanian Peoples organisation v President of the RSA.
- E – Ex parte Chairperson of the Constitutional Assembly in re the
certification of the Constitution of RSA (1st judgement) 1996
- P – (x) Pharmaceutical manufacturers association of SA: in re Ex parte
president of the RSA
- N – New national party of SA v Government of the RSA
- A – Albutt v Centre for the study of violence and reconciliation
- M – (-) My vote counts NPC v Speaker of the National Assembly
- D – (-) Doctors for life international v Speaker of the National Assembly
- L – Land access movement of SA v Chairperson of the NCoP
- S – South African association of personal injury lawyers v Health
- M – Moseneke D’Oliver Schriener Memorial lecture
- E – (-) Economic Freedom Fighters v Speaker of the National Assembly
(EFF 2) 2017
- U – (-) United democratic movement v Speaker of the National Assembly
- M – Mazibuko v Sisulu
- P – President of the RSA v Hugo
- G – (x) Glenister v President of the RSA
- J – (x) Justice alliance of SA v President of the RSA
- E – Ex parte president of the RSA: in re constitutionality of the liquor Bill
- A – Abahlali Basemjondolo movement SA v Premier of the Province of
KZN
Moseneke D’Oliver Separation of powers:
Schreiner - The pre-1994 Constitutional system, like the British system was not
Memorial Lecture founded in the doctrine of separation of powers.
- The only component of the doctrine was the classification of political
power into legislative, executive and judicial functions.
- The absence of an effective separation of powers in apartheid South
Africa permitted the endemic invasion of fundamental rights and the
political exclusion and economic impoverishment of the poor and working
class.
- In SA the separation of powers must ensure effective executive
government to minister to the endemic deprivation of the poor and
marginalised and yet all public power must be under constitutional control.
, - In the narrow sense, the courts are the ultimate guardians of the
Constitution.
- It is a necessary component of the doctrine of separation of powers that
courts have a constitutional obligation to ensure that the exercise of power
by other branches of government occurs within constitutional bounds.
- The independence, and impartiality and effectiveness of the judiciary is
important.
- Independence relates to absence of interference at an institutional level
and at the level of decision making by each judge.
- Impartiality describes the required state of mind of a person who holds
judicial office.
- A transformed judiciary is a cherished ideal of our Constitution.
- It requires that judicial officers should not only be qualified and be fit and
proper people but must reflect broadly the racial and gender composition
of our country.
- Another important component of transformation is cultivating a judiciary
that unfailing embraces the jurisprudence dictated by the Constitution.
Judicial function and democratic ethos:
- The Constitution lays down that an order or decision issued by a court
binds all persons to whom and organs of state to which it applies.
- It requires that no person or organ of state interferes with the functioning
of the courts.
- The legislature and the executive must assist and protect courts to ensure
their independence and impartiality, dignity, accessibility, and
effectiveness.
- A separation of powers without effective judicial vigilance has little or no
meaning.
- Our judiciary takes seriously its oath of office to act without fear, favour or
prejudice.
EFF 1 - The achieve our constitutional vision that aims at making a break from the
unchecked abuse of State power and resources during apartheid, we
adopt accountability, the rule of law and the supremacy of the Constitution.
- This case regards the difference between constitutional supremacy and
parliamentary supremacy.
- The CC had to decide whether the President fulfilled his constitutional
duties or not.
- Complaints were lodged with the Public Protector that taxpayer money
was being used to do upgrades at Nkandla for non-security reasons.
- The PP investigated and found that the upgrades were not for security
reasons.
- The PP took remedial action whereby (1) President Zuma was ordered to
pay back the money, (2) the ministers involved in the upgrades must be
held accountable and (3) the President had to report back to the NA within
14 days.
- Zuma only reported to the NA within 14 days.
- The NA set up an ad hoc committee to further look at the report and the
Minister of Police found Zuma not liable.
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