CCT33/97

[1998] ZACC 9

1998 (4) SA 1157 (CC)

1998 (7) BCLR 855 (CC)

Yacoob J Majority judgment

Chaskalson P separate judgment

17 March 1998

29 May 1998

http://hdl.handle.net/20.500.12144/2046

Application to appeal directly to the Constitutional Court from a decision of the High Court in Eastern Metropolitan Substructure of the Greater Johannesburg Transitional Metropolitan Council and Another v Democratic Party and Others 1997(8) BCLR 1039 (W), the merits of the appeal being heard simultaneously, application for direct appeal allowed, appeal dismissed.

Appeal against judgment of Witwatersrand High Court, challenging the constitutionality of section 16(5) of the Local Government Transition Act 209 of 1993 on basis that it is inconsistent with section 160(3)(b) read with section 160(2)(b) of the 1996 Constitution. Appeal dismissed in unanimous judgment by Yacoob J. Separate unanimous judgment by Chaskalson P on procedural issues, particularly the circumstances in which leave to appeal directly to the Constitutional Court will be granted.