Mdodana v Premier of the Eastern Cape and Others

The applicant, a blind subsistence farmer in the Eastern Cape, had 91 goats impounded under the Pounds Ordinance 18 of 1938 after they allegedly trespassed onto a neighbouring farm. He was required to pay a penalty exceeding R41 000 for their release, which he could not afford. Although his livestock was later released by agreement with the municipality, he pursued constitutional litigation challenging several provisions of the Ordinance that permitted impoundment, penalty assessment, destruction, and sale of livestock without judicial oversight. The Eastern Cape High Court declared these provisions unconstitutional and invalid and referred the matter to the Constitutional Court for confirmation.

The application for confirmation of the High Court’s declaration of constitutional invalidity was dismissed. No order as to costs was made.

The case clarifies the Constitutional Court’s confirmation jurisdiction and draws an important distinction between provincial Acts and pre-constitutional ordinances administered by provinces. It affirms that not all provincial legislation requires confirmation of constitutional invalidity and underscores the importance of legislative assimilation in determining the status of ordinances within the constitutional framework.