Mashavha v President of the Republic of South Africa and Others

The applicant, a disabled manual labourer, challenged the constitutional validity of Presidential Proclamation R7 of 1996, which purported to assign the administration of most provisions of the Social Assistance Act 59 of 1992 (SAA) to provincial governments under section 235(8) of the interim Constitution. The applicant alleged that the assignment led to delays and maladministration of his disability grant in Limpopo. The SAA had been enacted in 1992 but only came into operation in March 1996. The proclamation was issued shortly before the Act commenced. The Pretoria High Court declared the proclamation invalid, suspended the order of invalidity, and referred the matter to the Constitutional Court for confirmation.

The declaration of invalidity of Proclamation R7 of 1996 was confirmed. The order of invalidity was suspended for a limited period to allow the competent authority to correct the defect.

The case clarifies the scope of the President’s powers under the transitional provisions of the interim Constitution and limits the assignment of administrative authority over national legislation to provinces. It is a leading authority on constitutional interpretation of transitional arrangements and the meaning of 'in force' in South African constitutional law.