Judicial Precedent

Premier of the Province of the Western Cape and Another v Electoral Commission and Another

CitationNot provided in the judgment text; although the case was decided by the Constitutional Court in 1999 under Case No CCT 19/99, the official SA Law Reports or BCLR citation is not stated in the extract.

JurisdictionZA

Area of Law

Constitutional LawElectoral LawProvincial Government Law

Facts of the Case

In preparation for the 1999 national and provincial elections, the Electoral Commission determined that the Western Cape Provincial Parliament would have 39 seats, applying the population-based formula prescribed by national legislation under section 105(2) of the Constitution and the Electoral Act 73 of 1998. The Premier and the Speaker of the Western Cape Provincial Parliament objected, contending that section 13 of the Constitution of the Western Cape provides that the Provincial Parliament consists of 42 elected members. After unsuccessful attempts to resolve the dispute, the applicants urgently approached the Constitutional Court shortly before the election, seeking a declaration that the Commission’s determination was invalid.

Judicial Outcome

The Court declared that the number of seats in the Western Cape Provincial Parliament is 42 as provided by section 13 of the Constitution of the Western Cape; declared the Electoral Commission’s determination of 39 seats invalid; and ordered the respondents to pay the applicants’ costs.

Legal Significance

The case affirms the constitutional autonomy of provinces to design their own legislative structures through provincial constitutions under section 143 of the national Constitution. It clarifies the relationship between provincial constitutions, national constitutional ‘default’ provisions, and national legislation, reinforcing the principle that valid provincial constitutional provisions on structure prevail over national legislation.