Supremacy of the Constitution | The Western Cape Case

Western Cape Case: Constitutional Court Press Summary

Western Cape Case: Abridged Judgment

Western Cape Case: Constitutional Court Full Judgment

Video Chapters

-	The landmark of landmark cases
-	The case comes to the constitutional court
-	Nelson Mandela - adored by the judges, loved by the world
-	We struck down Mandela's proclamations
-	A fundamental point with the potential to end democracy
-	'I must be the first to show respect for the constitution'
-	A day equal to when we all voted as equals for the first time
-	Subsequent presidents accepting constitutional court decisions
-	Without fear or favour

The Western Cape Case

1995

Executive Council of the Western Cape Legislature and Others v President of the Republic of South Africa and Others

Parliament delegate to Executive

Parliament requested President Nelson Mandela to issue proclamations providing for the holding of South Africa’s first non-racial democratic Local Government elections. The majority of the Court held that Parliament could not transfer their responsibility for passing primary laws to the President and declared the proclamations to be unconstitutional. Justice Sachs contended that Parliament could in certain circumstances

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