n Annual Survey of South African Law - Constitutional law

Volume 2007, Issue 1
  • ISSN : 0376-4605



The background to the Constitutional Court's judgment in 2007 (1) SA 343 (CC) is set out below under 'Mootness'. In addition to its approach to mootness, the case is noteworthy for its treatment of the issue of delegated of legislative authority.

The High Court had found that the rule-making power of the Micro Finance Regulatory Council was a legislative power that had not been properly delegated to the Council (para [46]).

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