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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

17. Certification of a provincial constitution

 

 

1) The Speaker of a provisional legislature which has passed or amended a constitution in terms of sections 142 and 144(2) of the Constitution and which wishes such constitution or constitutional amendment to be certified by the Court shall certlfy in writing the content of the constitution or amendment passed by the provincial legislature and submit such constitution or constitutional amendment to the Registrar with a formal request to the Court to perform its functions in terms of section 144 of the Constitution.

 

2) The certificate contemplated in subrule (1) shall include a statement specifying that the constitution or the constitutional amendment was passed by the requisite majority.

 

3) Any political party represented in the provincial legislature shall be entitled as of right to present oral argument to the Court, provided that such political party may be required to submit a written submission to the Court in advance of the oral argument.

 

4) Upon the receipt of the request referred to in subrule (1), the matter shall be disposed of in accordance with directions given by the Chief Justice, which may include-
a) referral to the Speaker for such additional information as is considered by the Chief Justice to be necessary or expedient to deal with the matter;
b) a direction, specifying the time within which written submissions from interested political parties shall be made;
c) a direction that any written submissions made in terms paragraph (b) should be brought to the attention of other political parties in the provincial legislature by such means as the Chief Justice considers suitable.

 

5) An order of the Court pursuant to section 144 of the Constitution may specify the provisions of the provincial constitution or of the constitutional amendment, if any, which comply and which do not comply with the Constitution.