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