The Premier of the Province of the Western Cape v. The President of the Republic of South Africa
South Africa Constitutional Court
1999 (3) SA 657 (CC) (1999)
- Written by John Reeves, JD
Facts
The premier of the province of the Western Cape (Western Cape) (plaintiff) brought suit in the South Africa Constitutional Court against the president of the Republic of South Africa (the president), challenging the validity of the Public Services Act (the act). Under the act, the Parliament of South Africa mandated a uniform public-service structure throughout the entire country. A single public-service commission replaced the public-service commissions set up in each province. In addition, the act constrained the authority of the premiers of provinces to interfere with certain decisions of powerful senior servants within the provinces—specifically, director generals. Western Cape argued that the provinces, not Parliament, had the authority to regulate the public service within their boundaries. The president responded that the South African constitution explicitly empowered Parliament to legislate laws for a national public service.
Rule of Law
Issue
Holding and Reasoning (Chaskalson, J.)
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