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

Rules of the Constitutional Court

Part VII : Matters within the Exclusive Jurisdiction of the Court

15. Constitutionality of an Act

 

 

1) An application in terms of sections 80(1) and 122(1) of the Constitution by members of the National Assembly or a provincial legislature shall be brought on notice of motion supported by an affidavit as to the contentions upon which the applicants rely for relief and shall be lodged with the Registrar and served on the Speaker of the National Assembly and, where applicable, the Chairperson of the National Council of Provinces, or on the Speaker of the provincial legislature concerned, as the case may be.

 

2) The notice shall request the Speaker and, if relevant, the Chairperson of the National Council of Provinces, to bring the application to the attention of all political parties represented in the relevant house or legislature in writing within five days of the service upon him or her of such application.

 

3) The application referred to in subrule (1) shall be accompanied by a certificate by the Speaker of the legislature concerned that the requirements of section 80(2)(a) or section 122(2)(a) of the Constitution, as the case may be, have been complied with.

 

4) The application referred to in subrule (1) shall also specify-
a) the provision or provisions of the Act being challenged;
b) the relevant provision or provisions of the Constitution relied upon for such challenge;
c) the grounds upon which the respective provisions are deemed to be in contlict; and
d) the relief, including any interim relief, sought.

 

5)
a) Any political party in the legislature concerned or any government that wishes to oppose the granting of an order sought in such an application shall notify the Registrar in writing within 15 days of service of such application of such intention to oppose and shall, in such notification, appoint an address at which such party or government will accept notice and service of all documents in the proceedings.
b) If such a notice is given, the application shall be disposed of in accordance with the provisions of rule 11.

 

6) If a notice to oppose is not lodged in terms of subrule (5), the matter shall be disposed of in accordance with directions given by the Chief Justice, which may include a direction-
a) calling for such additional information as the Chief Justice may consider necessary or expedient to deal with the matter; and
b) that all interested political parties in the national Parliament or the provincial legislature concerned, as the case may be, who wish to do so make such written submissions as are relevant to the determination of the issue within a period specified in such direction.