Certification of the Constitution of the Western Cape, 1997

The Provincial Legislature of the Western Cape adopted a provincial constitutional text in terms of section 142 of the Constitution of the Republic of South Africa, 1996, and submitted it to the Constitutional Court for certification under section 144. The Speaker of the Western Cape legislature supported certification, while the national government and the African National Congress opposed certification of certain provisions. The objections focused on whether particular clauses of the Western Cape Constitution fell within the permissible scope of provincial constitution‑making powers under section 143 of the national Constitution, including objections to the repetition of national constitutional provisions, the scope of provincial legislative and executive ‘structures and procedures’, and whether certain clauses impermissibly affected matters outside provincial competence.

The Constitutional Court certified the Constitution of the Western Cape, 1997, subject to its findings, holding that the challenged provisions fell within the permissible scope of provincial constitution‑making powers and were not inconsistent with the national Constitution.

This case is a foundational authority on the scope and limits of provincial constitution‑making powers under the 1996 Constitution. It clarifies the meaning of ‘legislative or executive structures and procedures’, confirms that provinces cannot expand their powers through provincial constitutions, and explains when repetition of national constitutional provisions is permissible. The judgment is central to South African federal constitutional jurisprudence and the certification function of the Constitutional Court.