Monthly Archives: October 2013

Unruly law of creatures of statute, section 81 of the Constitution, and the rule of law

Unruly law? When law made by the legislature is transformed into something substantively different by creatures of statute, in the exercise of their administrative powers, then that is unruly law. Unruly law is treated as law proper, is implemented as … Continue reading

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Commencement conundrums of Act 29 of 1999

TL;DR: The failure to understand the commencement rule in section 81 of the Constitution of the Republic of South Africa, 1996, puts the rule of law at risk at its most fundamental level, is demonstrated by teasing apart the fantastical … Continue reading

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Drafting breakable law

The art of drafting the impossible Section 8 of the National Health Amendment Act 12 of 2013 requires that the words “Office of Health Standards Compliance” be inserted after the words “Nelson Mandela Museum, Umtata” in Part A of Schedule … Continue reading

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Disappearing Acts, and the rule of law

Unpublished amending Acts and amended Acts In general, publishers of legislation list amending Acts amongst their lists of Acts, but don’t publish their texts, or their Gazette publication details. Nor do they publish amended versions of Acts amended by amending … Continue reading

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