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Cited documents 6
Act
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Citizenship and Immigration
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Education
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Environment, Climate and Wildlife
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Health and Food Safety
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Human Rights
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International Law
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Labour and Employment
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Public administration
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Dispute Resolution and Mediation
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Judgment
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Reported
Legislatures must reasonably facilitate public involvement; two health Acts invalidly adopted (invalidity suspended 18 months).
Parliamentary law-making — constitutional obligation to facilitate public involvement (ss 72(1)(a), 118(1)(a)) — scope: meaningful opportunity plus positive measures; discretion for legislatures; review by reasonableness — justiciability and jurisdiction (s 167(4)(e) narrow): only Constitutional Court may decide failure to fulfil obligation; timing of judicial intervention — limits before Presidential assent (s 79); competent after assent but before commencement — remedies: declaration of invalidity; suspension to avoid disruption.
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Reported
Blanket criminalisation of cannabis is overbroad where it proscribes bona fide Rastafari sacramental use without justification.
Constitutional law – Freedom of religion (ss 15, 31) – Overbreadth – Whether blanket criminal prohibition on use or possession of cannabis invalidly limits religious practice of Rastafari – Proportionality and less restrictive means (s 36) – International drug conventions and constitutional limitations – Remedy: limited declaration of invalidity; legislative cure; suspension of order.
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Documents citing this one 1
Judgment
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Outstanding university fees and undisclosed directorships without LPC consent rendered the applicants unfit and admission was refused.
* Admission to legal profession – fitness and propriety – requirement of honesty, reliability and integrity – effect of unpaid university fees and non-disclosure of directorships.
* Legal Practice Act/Rules – Rule 22.1.5 – prior written consent of the LPC required for candidate attorneys to hold offices or engage in other business likely to interfere with training.
* Procedural – condonation for non-compliance with LPC rules – wilful non-disclosure and misstatements under oath justify refusal.
* Role of LPC – mere ‘no objection’ insufficient; LPC should provide substantive assessment on propriety of admission.
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