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De Lille And Another V Speaker Of The National Assembly
''De Lille and Another v Speaker of the National Assembly'', an important case in South African constitutional law, was heard in the Cape Provincial Division from April 3 to 7, 1998, with judgment handed down on May 8. It was subsequently confirmed, on appeal, by the Supreme Court of Appeal. The High Court dealt with the issue of the powers of Parliament and parliamentary privilege, and found that such powers and privilege, to the extent of their inconsistency or incompatibility with the Constitution, are invalid. Where the privilege breaches the provisions of the Constitution, the aggrieved party is entitled to seek redress from the courts, to which is entrusted the task of ensuring the supremacy of the Constitution. The certificate issued by the Speaker in terms of section 5 of the Powers and Privileges of Parliament Act had the effect of undermining the independence of the courts and interfering with their functioning. Section 5, therefore, was unconstitutional to the extent tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Constitutional Law
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect. Constitutions South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: * South Africa Act 1909 * Constitution of South Africa, 1961 (also known as the "Republican Constitution") * Constitution of South Africa, 1983 (also known as the "Tricameral Constitution") * Constitution of South Africa, 1993 (also known as the "Interim Constitution") * Constitution of South Africa, 1996 (also known as the "Final Constitution") The Interim Constitution abolished South Africa's system of parliamentary sovereignty and replaced it with a dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patricia De Lille
Patricia de Lille (née Lindt; born 17 February 1951) is a South African politician who is the current Minister of Public Works and Infrastructure and leader of the political party Good. She was previously Mayor of Cape Town from 2011 to 2018, and Western Cape Provincial Minister of Social Development from 2010 to 2011. She founded and led the Independent Democrats (ID), a political party which she formed in 2003 during a floor-crossing window, after she broke away from the Pan Africanist Congress (PAC). In August 2010, the ID merged with the Democratic Alliance, South Africa's official opposition, and the party was officially dissolved in 2014. From 2015 to 2017, she was Provincial Leader of the Democratic Alliance in the Western Cape. De Lille was selected as the DA's mayoral candidate in Cape Town, defeating incumbent Dan Plato, ahead of the 2011 local government elections, where she was elected mayor. She was re-elected to a second term as mayor in the 2016 local gover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Powers And Privileges Of Parliament Act
Powers may refer to: Arts and media * ''Powers'' (comics), a comic book series by Brian Michael Bendis and Michael Avon Oeming ** ''Powers'' (American TV series), a 2015–2016 series based on the comics * ''Powers'' (British TV series), a 2004 children's science-fiction series * Powers (duo), an American pop group * ''Powers'' (novel), an ''Annals of the Western Shore'' novel by Ursula K. Le Guin * '' Powers: A Study in Metaphysics'', a 2003 book by George Molnar * ''Powers'', a 2019 album by the Futureheads Businesses and organizations * Powers (whiskey), a brand of Irish whiskey * Powers Dry Goods, an American department store chain * Powers Motion Picture Company, an American film company * Powers Motorsports, an American racing team Places in the United States Cities and communities * Powers, Indiana * Powers, Michigan * Powers, Oregon * Powers Coal Camp, Kentucky * Powers Lake, North Dakota * Powers Lake, Wisconsin * Powers Park, Georgia * Powers Township, Minne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nemo Iudex In Sua Causa
''Nemo judex in causa sua'' (or ''nemo judex in sua causa'') (which, in Latin, literally means "no-one is judge in his own cause") is a principle of natural justice that no person can judge a case in which they have an interest. In many jurisdictions the rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice must not only be done, but must be seen to be done". This principle may also be called: * ''nemo judex idoneus in propria causa est'' * ''nemo judex in parte sua'' * ''nemo judex in re sua'' * ''nemo debet esse judex in propria causa'' * ''in propria causa nemo judex'' The legal effect of a breach of natural justice is normally to stop the proceedings and render any judgment invalid; it should be quashed or appealed, but may be remitted for a valid re-hearing. The phrase is credited to Sir Edward Coke in the seventeenth century, but has also been attested as early as 1544. See also *'' Audi alteram partem'' *Judicial dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Assembly Of South Africa
The National Assembly is the directly elected house of the Parliament of South Africa, located in Cape Town, Western Cape. It consists of four hundred members who are elected every five years using a party-list proportional representation system where half of the members are elected proportionally from nine provincial lists and the remaining half from national lists so as to restore proportionality. The National Assembly is presided over by a Speaker, assisted by a Deputy Speaker. The current Speaker is Nosiviwe Mapisa-Nqakula who previously served as the Minister of Defence and Military Veterans. She was elected on 19 August 2021. The Deputy Speaker is Solomon Lechesa Tsenoli who has served in the post since his election on 21 May 2014. The National Assembly chamber was destroyed in a fire in January 2022. National Assembly sittings will now be held in the old Good Hope Chamber, which is within the precincts of parliament. Allocation The National Assembly seats are allocated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019. From 1910 to 1994, members of Parliament were elected chiefly by the South African white minority. The first elections with universal suffrage were held in 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. The National Assembly will temporarily meet at the Good Hope Chamber. History Before 1910 The predecessor of the Parliament of South Africa, before the 1910 Union of South Africa, was the bicameral Parliament of the Cape of Good Hope. This was composed of the House of Assembly (the lower house) and the Legislati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1998 In South African Case Law
1998 was designated as the ''International Year of the Ocean''. Events January * January 6 – The ''Lunar Prospector'' spacecraft is launched into orbit around the Moon, and later finds evidence for frozen water, in soil in permanently shadowed craters near the Moon's poles. * January 11 – Over 100 people are killed in the Sidi-Hamed massacre in Algeria. * January 12 – Nineteen European nations agree to forbid human cloning. * January 17 – The ''Drudge Report'' breaks the story about U.S. President Bill Clinton's alleged affair with Monica Lewinsky, which will lead to the United States House of Representatives, House of Representatives' impeachment of him. February * February 3 – Cavalese cable car disaster (1998), Cavalese cable car disaster: A United States military pilot causes the deaths of 20 people near Trento, Italy, when his low-flying EA-6B Prowler severs the cable of a cable-car. * February 4 – The 5.9 February 1998 Afghanistan earthquake, Afghanistan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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