oa Comparative and International Law Journal of Southern Africa - A touch of legislative licence

Volume 16, Issue 3
  • ISSN : 0010-4051



An interesting phenomenon has crossed the statute books of Transkei and while it may not have had any earth-shattering consequences, it has raised the possibility of devastating future effects, culminating in the circumvention of parliament. The incident in question occurred in connection with the new Mental Health Act. This Act was passed by parliament in the normal way, having been assented to by the state president. It was then published for general information in the Government Gazette. The statute did not come into force immediately, however, because it stated that it was only to come into operation on a date to be fixed by the president by proclamation in the Gazette. This legislation can only be unmade by the body that made it either expressly in a new Act or implicitly where a new Act is in conflict with an existing Act.

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