SCOPE:
Unit 9: Legislation
Introduction to Law and Legal Skills: pp 259 – 270
ALL Lecture Notes
Unit 10: Case Law
Introduction to Law and Legal Skills: Chapter 9
ALL Lecture notes
Unit 11: Customary Law
Introduction to Law and Legal Skills: Chapter 4
ALL Lecture notes
Case Law:
Bhe v Magistrate, Khayelitsha 2005 (1) BCLR 1 (CC)
Shilubana and Others v Nwamitwa 2008 (9) BCLR 914 (CC)
Unit 12: Common Law
Beginner’s Guide Textbook: pp 111 – 121 (uploaded to ClickUp)
ALL Lecture notes
Case law:
Carmichele v Minister of Safety and Security 2001 (10) BCLR 995 (CC)
Masiya v Director of Public Prosecutions and Others 2007 (5) SA 30 (CC)
National Coalition for Gay and Lesbian Equality and another v Minister of Justice and others
1999 (1) SA 6 (CC)
Khumalo and Others v Holomisa 2002 (5) SA 401 (CC)
ALL case law must be studied as discussed in the textbook materials and on the slides.
, UNIT 9: LEGISLATION
● Legislation= law made by Parliament, provincial legislatures, and municipal councils
(legislative arm of the state)
● State has 3 branches:
1. Legislature- makes laws
2. Executive- enforces laws
3. Judiciary- interprets laws
● Before 1994, SA= parliamentary sovereignty (parliament was the highest law maker)
● Was then replaced by constitutional supremacy:
➔ Constitution= highest law of SA
➔ Any law inconsistent with it = invalid
➔ Courts can review laws for constitutionality
● Constitution is NOT ordinary law, although it is cited as Act 108 of 1996
● It was enacted by the Constitutional Assembly, not Parliament
● Law-making authority is divided into three levels:
1. National: Parliament
2. Provincial: provincial legislature
3. Local: municipal councils
PASSING AND PROMULGATION:
● Passing:
➔ It involves the initial (early stages) processes whereby legislation is called into
existence; when the wording is decided and the text is finalised.
➔ Law is created and approved by the legislative body
● Promulgation:
➔ The formal publication of the law
➔ Usually done in the government gazette (national) or provincial gazette.
➔ Makes the law publicly known and legally effective
➔ Legislation becomes into operation on the day of its publication in the
Gazette- @00:00 ( according to section 13(1) of the Interpretation Act)
➔ Government gazette- It is an important legal publication that provides official
notice of legal decisions, regulations, and other legislative documents.
➔ An enactment can come into operation on a different date than its publication:
➢ Commencement date: a specific date on which it will come into
operation
➢ Proclamation: the date will be decided by the president or provincial
premier in the Gazette
LEGISLATIVE PROCESS ON A NATIONAL LEVEL:
● National level= Parliament has the power to make laws
● Parliament has TWO HOUSES:
1. National Assembly (NA)
2. National Council of Provinces (NCOP)- represents provincial interests at
national level and ensures provinces are considered when national laws are
made.
Unit 9: Legislation
Introduction to Law and Legal Skills: pp 259 – 270
ALL Lecture Notes
Unit 10: Case Law
Introduction to Law and Legal Skills: Chapter 9
ALL Lecture notes
Unit 11: Customary Law
Introduction to Law and Legal Skills: Chapter 4
ALL Lecture notes
Case Law:
Bhe v Magistrate, Khayelitsha 2005 (1) BCLR 1 (CC)
Shilubana and Others v Nwamitwa 2008 (9) BCLR 914 (CC)
Unit 12: Common Law
Beginner’s Guide Textbook: pp 111 – 121 (uploaded to ClickUp)
ALL Lecture notes
Case law:
Carmichele v Minister of Safety and Security 2001 (10) BCLR 995 (CC)
Masiya v Director of Public Prosecutions and Others 2007 (5) SA 30 (CC)
National Coalition for Gay and Lesbian Equality and another v Minister of Justice and others
1999 (1) SA 6 (CC)
Khumalo and Others v Holomisa 2002 (5) SA 401 (CC)
ALL case law must be studied as discussed in the textbook materials and on the slides.
, UNIT 9: LEGISLATION
● Legislation= law made by Parliament, provincial legislatures, and municipal councils
(legislative arm of the state)
● State has 3 branches:
1. Legislature- makes laws
2. Executive- enforces laws
3. Judiciary- interprets laws
● Before 1994, SA= parliamentary sovereignty (parliament was the highest law maker)
● Was then replaced by constitutional supremacy:
➔ Constitution= highest law of SA
➔ Any law inconsistent with it = invalid
➔ Courts can review laws for constitutionality
● Constitution is NOT ordinary law, although it is cited as Act 108 of 1996
● It was enacted by the Constitutional Assembly, not Parliament
● Law-making authority is divided into three levels:
1. National: Parliament
2. Provincial: provincial legislature
3. Local: municipal councils
PASSING AND PROMULGATION:
● Passing:
➔ It involves the initial (early stages) processes whereby legislation is called into
existence; when the wording is decided and the text is finalised.
➔ Law is created and approved by the legislative body
● Promulgation:
➔ The formal publication of the law
➔ Usually done in the government gazette (national) or provincial gazette.
➔ Makes the law publicly known and legally effective
➔ Legislation becomes into operation on the day of its publication in the
Gazette- @00:00 ( according to section 13(1) of the Interpretation Act)
➔ Government gazette- It is an important legal publication that provides official
notice of legal decisions, regulations, and other legislative documents.
➔ An enactment can come into operation on a different date than its publication:
➢ Commencement date: a specific date on which it will come into
operation
➢ Proclamation: the date will be decided by the president or provincial
premier in the Gazette
LEGISLATIVE PROCESS ON A NATIONAL LEVEL:
● National level= Parliament has the power to make laws
● Parliament has TWO HOUSES:
1. National Assembly (NA)
2. National Council of Provinces (NCOP)- represents provincial interests at
national level and ensures provinces are considered when national laws are
made.
