Judicial Precedent

Premier of KwaZulu-Natal and Others v President of the Republic of South Africa and Others

CitationOfficial South African Law Reports citation not stated in the judgment text; while this is a 1995 Constitutional Court decision (Case No CCT 36/95), the precise SA Law Reports reference cannot be determined from the provided text alone.

JurisdictionZA

Area of Law

Constitutional LawIntergovernmental RelationsProvincial PowersTraditional Leadership and Local Government

Facts of the Case

The Premier of KwaZulu-Natal, supported by members of the Executive Council and the Provincial Executive Council, applied directly to the Constitutional Court to challenge the constitutionality of various amendments to the interim Constitution of the Republic of South Africa, 1993, effected by the Constitution of the Republic of South Africa Second Amendment Act 44 of 1995. The applicants contended that amendments to sections 149(10), 182 and 184(5) of the Constitution were invalid because Parliament failed to follow the special procedures in section 62(2), particularly the requirement of provincial consent where provincial legislative or executive competences are affected. The respondents were the President, the national government, and the responsible national minister. Direct access was granted.

Judicial Outcome

The application was dismissed. The Constitutional Court declared that the impugned constitutional amendments were validly enacted and constitutional.

Legal Significance

This case is a leading authority on the interpretation of section 62 of the interim Constitution and the scope of Parliament’s power to amend the Constitution. It clarifies that provincial consent is only required for constitutional amendments that specifically target particular provinces and alter their boundaries or competences, and not for amendments of general application. The judgment also reinforces principles governing the interpretation of provisos in constitutional and statutory provisions.