n Without Prejudice - A new tradition in legislating : the law

Volume 12, Issue 10
  • ISSN : 1681-178X



The South African government has created a new tradition in drafting and processing legislation through parliament. This tradition manifests itself in the drafting of half-baked legislation with little or no regard to the provisions of the Constitution and then fighting a huge public outcry against it on the grounds that it is unconstitutional. In some instances government then concedes that aspects of the legislation are unconstitutional and seeks to undertake the revision of that legislation on the floor of parliament in an attempt to circumvent the claims of unconstitutionality.

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