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Constitutional Court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. The Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. (Banner image credit: By André-Pierre from Stellenbosch, South Africa.)

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Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017

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1 judgment

Citation	Judgment date
July 2006
AAA Investments (Proprietary) Limited v Micro Finance Regulatory Council and Another [2006] ZACC 9 (28 July 2006) Reported A ministerially mandated private regulator exercising public functions is an organ of state and bound by the Constitution. • Public law – subordinate rule‑making by a private corporate regulator acting under ministerial exemption – organ of state and applicability of the Bill of Rights; • Delegation – interpretation of s15A Usury Act and ministerial Exemption Notice; implied rule‑making powers reasonably necessary to perform regulatory functions; • Constitutional principle – legality and rule of law constrain delegated regulatory rule‑making; • Privacy – challenge to National Loans Register left undecided as moot after new statutory regime.	28 July 2006

Citation

Judgment date

July 2006

AAA Investments (Proprietary) Limited v Micro Finance Regulatory Council and Another [2006] ZACC 9 (28 July 2006)

Reported

A ministerially mandated private regulator exercising public functions is an organ of state and bound by the Constitution.

• Public law – subordinate rule‑making by a private corporate regulator acting under ministerial exemption – organ of state and applicability of the Bill of Rights; • Delegation – interpretation of s15A Usury Act and ministerial Exemption Notice; implied rule‑making powers reasonably necessary to perform regulatory functions; • Constitutional principle – legality and rule of law constrain delegated regulatory rule‑making; • Privacy – challenge to National Loans Register left undecided as moot after new statutory regime.

28 July 2006