n South African Journal of Criminal Justice - Some comments on the Dangerous Weapons Act 15 of 2013 : comment

Volume 26, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



In the Constitutional Court judgment of 2010 (10) BCLR 983 (CC) the court had to deal with a consequence of constitutional transition: 'incongruities and anomalies' that were bound to arise from the integration of the separate legislative regimes in the former TBVC (Transkei, Bophuthatswana, Venda and Ciskei) states (at para [4]). The court noted that there were 'two identical statutes in the same national territory, dealing with the same subject-matter and designated by the same act number and year': the national Dangerous Weapons Act 71 of 1968 (SA) and the Dangerous Weapons Act 71 of 1968 (Transkei) (at para [4]). The difference between the two statutes was that in terms of section 4 of the Transkei Act, a harsher sentencing regime was applicable (at para [11]). Although the matter was not fully argued before them, the Constitutional Court questioned the constitutionality of the dual systems, raised the question whether there was not a constitutional obligation on Parliament to establish uniform legislation, and ultimately required Parliament to notify the court of steps it had taken to rationalise the situation into uniform national legislation (at paras [65]-[72]. See also the , 2012 at 5 (GN 606 in 34579, 2010/09/02)).

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