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Summary Constitutional Law of South Africa - Constitutional law

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All the exam cases for constitutional law with a comprehensive and easily to understand.

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misa CSL 2601 Cas X


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TABLE OF CASES

African Christian DemocraticParty v The Electoral Commission andOthers 2006 (5)BCLR579 (CC)

participation in elections must not be frivolous


August VElectoral Commission 1999 (4) SA BCLR 363 (CC)

the right to vote is significant for democracy


Acting Chairperson: Judicial Service Commission and Others v Premier of the Western Cape
Province 2011(3) SA 538 (SCA)

the Premier of a province must participate in the appointment and removal of a judge in that
province in terms of section 178(1)(k) of theConstitution

City of Johannesburg Metropolitan Municijpalityy v Gauteng Development Tribunal and Others

, Unisa CSL 2601 Ca




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City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others
2010 (6) SA 182 (CC)

neitherthe national nor the provincial spheres of government can, by legislation, give themselves

the power toexerciseexecutive municipal powers or the right to administer municipal affairs

"where two or more matters appear to overlap with each other, they should be interpreted in a
bottom-up manner, which is one in which the more specific matter is defined first and all residual

areas are left for the much broader matter


City of Cape Town and Others v Robertson and Another 2005.(2) SA 323 (CC)
the local sphere of government is interdependent,inviolable and possesses the constitutional

latitude withinwhich to define and express its unique character' subject to the constraints

permissible under our Constitution
85

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De Lange v Smuts NO and Others 1998 (3) SA 785 (CC)

Over time our courts wil develop a distinctively South African model of separation of powers, one
+ that fits the particular system of government provided for in the Constitution and that reflects a
delicate balancing, informed both by South Africa's history and its new dispensation, between the
need,on the one hand, to control government by separating powers and enforcing checks and
balances and, on the other, to avoid diffusing power so completely that the government is unable
to take timely measures in the public interest


De Lille and Another vSpeaker of the NationalAssembly 1998 (3) SA 430 (C)

This case highlights the importanceof ensuring that the citizenry is properly represented in the

working of the National Assembly. In this matter, the Court was required to decide on the

constitutionality of a decision of the ad hoc committee of the National Assembly to suspend a


member of the National Assembly as a form of punishmentfor statements she had made before it.
[para27: ln answeringthe aUestion in the neGative the Court re nised the National
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