n Tydskrif vir die Suid-Afrikaanse Reg - "Impeachment" on the Highveld : the dismissal of Chief Justice Kotzé by President Paul Kruger on 16 February 1898 : aantekeninge

Volume 2014, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



In the last third of the 1880s the , the legislative body of the South African Republic, developed a practice of legislating by means of informal resolutions (). Despite the fact that this practice disregarded the procedures laid down by the (constitution) of 1858, the validity of such was upheld in ((1883) 1 SAR 60) and in ((1884) 1 SAR 202). In these decisions the was seen to be vested with sovereign powers and the was seen to have the same status as an ordinary act of the . The same approach was followed in ((1887) 2 SAR 189), with Jorissen J dissenting. Jorissen J was of the opinion that the bound the and that informal could constitute legislative acts. He held that the formal procedure for legislation as set out in the had to be followed by the legislature.

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