Rex v Thompson [1914] ZATPD 81 (14 July 1914)

Constitutional law .-Provincial Council Ordinances .-Validity.Powers of Supreme Court and Magistrate's Courts.-South Africa Act 1909, sec. 98 (3).

The Supreme Court has inherent jurisdiction-apart from the provisions of sec. 98 (3) of the South Africa Act, 1909-to decide on the validity of Ordinances passed by the Provinpial Council. Where a person is charged before a magistrate with contravening a Provincial Council Ordinance the magistrate has power to inquire into the validity of such Ordinance.
Semble : A magistrate has jurisdiction to decide on the validity of a municipal by law. Decision of MASON, J., in Stanton v. Johannesburg Municipality (1910, T.r.D. 742), approved.