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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 6 : Provinces

Provincial Legislatures

122. Application by members to Constitutional Court


(1) Members of a provincial legislature may apply to the Constitutional Court for an order declaring that all or part of a provincial Act is unconstitutional.


(2) An application—
(a) must be supported by at least 20 per cent of the members of the legislature; and
(b) must be made within 30 days of the date on which the Premier assented to and signed the Act.


(3) The Constitutional Court may order that all or part of an Act that is the subject of an application in terms of subsection (1) has no force until the Court has decided the application if :
(a) the interests of justice require this; and
(b) the application has a reasonable prospect of success.


(4) If an application is unsuccessful, and did not have a reasonable prospect of success, the Constitutional Court may order the applicants to pay costs.