Constitutional application

Journal Article

2003

Permanent link to this Item
http://hdl.handle.net/11427/25817
Files
Pillay_Constitutional_2003.pdf (132.39 KB)
Authors
Pillay, Anashri
Journal Title

South African Journal of Criminal Justice

Link to Journal
http://reference.sabinet.co.za/sa_epublication/ju_sajcj
Journal ISSN
Volume Title
Publisher
Publisher

University of Cape Town

Department
Department of Public Law
Faculty
Faculty of Law
License
Series
Abstract
In S v Van Rooyen 2001 (2) SACR 376 (T), it was held that certain provisions of the Magistrates Court Act 1944, the Magistrates Act 1993 and certain regulations made under the latter Act were unconstitutional. It was held that, due to a large amount of executive influence over the system of magistrates' courts, these courts were not institutionally independent from the executive. (For a more detailed discussion of the case, see A Pillay `Constitutional Application' (2002) 15 SACJ 156.) The case went to the Constitutional Court for a confirmation of the High Court finding of invalidity and, at the same time, on appeal against the finding.
Description

Reference:

Pillay, A. (2003). Constitutional application : Recent case. South African Journal of Criminal Justice, 16(1), p.111-120.

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