Certification of the Constitution of the Province of KwaZulu-Natal
South Africa Constitutional Court
1996 (4) SALR 10098 (CC) (1996)
- Written by Kelly Simon, JD
Facts
The Republic of South Africa’s transition from an apartheid state to a democracy included an interim national constitution. The interim constitution allowed a provincial legislature to pass a constitution with the approval of at least two-thirds of its members and the certification of the South Africa Constitutional Court. The constitutional court was required to certify that the provincial constitution was consistent with the country’s interim constitution or its constitutional principles. During this time of constitutional negotiation, the leaders of the South African province of KwaZulu-Natal repeatedly attempted to retain autonomy and authority for the province. In 1996, with the interim South African constitution in effect, the KwaZulu-Natal provincial legislature unanimously adopted a provincial constitution. Subsequently and as required, the KwaZulu-Natal provincial constitution was sent to the South Africa Constitutional Court for certification.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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