Category Archives: Legislation and Power

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Unpublished amending Acts and amended Acts In general, publishers of legislation list amending Acts amongst their lists of Acts, but don’t publish their texts, or their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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Rambling on about retrospective legislation…

New legislation and subordinate legislation that is made enforceable retrospectively was, I thought, an oddity – something that was really only permissible, in the exception, to cure such noble things as an unfair and unintended consequence of legislation that really … Continue reading

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Can an animal trespass?

by Adv. Rita Felgate The newly published North West Animal Pound Act, No. 7 of 2010 refers in its section 6 to “an animal found trespassing on land”. Can an animal trespass? I have to think about that! I thought … Continue reading

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President’s investigation of Midvaal subsumes Councillors too?

by Adv. Rita Felgate I see the President has under Notice 33 in Gazette 34305 dated 2011/05/20 referred the goings-on of the Midvaal Municipality to the Special Investigating Unit (SIU). The co-incidence of this announcement being made a couple of … Continue reading

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