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The Executive Council of the Province of the Western Cape and the Executive Council of KwaZulu-Natal v. The President of the Republic of South Africa

2000 (1) SA 661 (CC) (2000)

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The Executive Council of the Province of the Western Cape and the Executive Council of KwaZulu-Natal v. The President of the Republic of South Africa

South Africa Constitutional Court
2000 (1) SA 661 (CC) (2000)

Facts

The Executive Council of the Province of the Western Cape (Western Cape) (plaintiff) and the Executive Council of KwaZulu-Natal (KwaZulu-Natal) brought suit in the South Africa Constitutional Court against the president of the Republic of South Africa (the president) (defendant), challenging the constitutionality of the Structures Act, which mandated certain procedures for the creation and governance of municipalities. Under the South African constitution, provinces had the authority to determine which type of municipalities should be established within their boundaries. But the Structures Act mandated that provinces take certain matters into account in making such decisions. Western Cape and KwaZulu-Natal argued that this mandate impermissibly interfered with their exclusive authority to determine what type of municipalities to establish in their territories. The president, on the other hand, claimed that this was an area in which the Parliament of South Africa had concurrent authority with the provinces.

Rule of Law

Issue

Holding and Reasoning (Ngcobo, J.)

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Casebooks

Comparative Constitutional Law

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