n Annual Survey of South African Law - Constitutional law




In the year under review, the interpretation of s 167(4)(e) of the Constitution was considered by both the Supreme Court of Appeal in 2006 (1) SA 474 (SCA) and by the Constitutional Court in 2006 (6) SA 416 (CC), 2006 (12) BCLR 1399 (discussed further under 'Standing' and 'Public involvement in legislative drafting'). Section 167(4)(e) of the Constitution provides that '[o]nly the Constitutional Court may ... decide that Parliament or the President has failed to fulfil a constitutional obligation'.


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