Certification of the Constitution of the Province of KwaZulu-Natal, 1996

The KwaZulu-Natal Provincial Legislature unanimously adopted a provincial constitution in March 1996 under section 160(1) of the Interim Constitution. In terms of section 160(4), the Constitution could only come into force if certified by the Constitutional Court as consistent with the Interim Constitution and the Constitutional Principles in Schedule 4. The Speaker of the KwaZulu-Natal Legislature formally requested certification. Objections were raised primarily by the African National Congress (ANC) and the Government of National Unity (GNU), contending that several provisions of the provincial constitution were inconsistent with the Interim Constitution. Additional objections were submitted by the King’s Council of KwaZulu-Natal. The Court was required to assess whether the provincial constitution complied with the limits placed on provincial constitution-making powers.

The Constitutional Court declined to certify the Constitution of the Province of KwaZulu-Natal, 1996. As a result, the provincial constitution had no force or effect and had to be reconsidered and amended by the provincial legislature if it wished to adopt a constitution.

This was the first major certification judgment dealing with provincial constitutions in South Africa. It authoritatively clarified the subordinate constitutional status of provinces under the Interim Constitution, confirmed that provinces are not sovereign, and delineated the limits of provincial constitution-making power. The case established key principles governing federal-style arrangements in South Africa and the role of the Constitutional Court as the final arbiter in the certification process.