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

Chapter 4 : Parliament

National Legislative Process

80. Application by members of National Assembly to Constitutional Court


(1) Members of the National Assembly may apply to the Constitutional Court for an order declaring that all or part of an Act of Parliament is unconstitutional.


(2) An application—
(a) must be supported by at least one third of the members of the National Assembly; and
(b) must be made within 30 days of the date on which the President 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.