CCT100/09

[2010] ZACC 10

2010 (6) SA 214 (CC)

2010 (8) BCLR 741 (CC)

Ngcobo CJ

2 March 2010

11 May 2010

http://hdl.handle.net/20.500.12144/3597

Application for confirmation of declaration of invalidity made by the North Gauteng High Court, Pretoria on 30 October 2009: Tongoane and Others v Minister for Agriculture and Land Affairs and Others, Case No 11678/2006, North Gauteng High Court, Pretoria, 30 October 2009, unreported.

Application for confirmation of a declaration made by the North Gauteng High Court that various provisions of the Communal Land Rights Act were invalid. The High Court had refused to declare the entire Act unconstitutional for Parliament?s failure to enact it in accordance with the correct procedure prescribed in section 76 of the Constitution. The Court held that there is a difference between determining whether the National Assembly or the National Council of Provinces has the competence to legislate in a particular field, and determining how a Bill ought properly to be tagged and enacted. These were two different processes for which two different tests were to be applied. Reaffirming the decision in Liquor Bill, the Court held any Bill the provisions of which substantially affected the provinces had to to be enacted by the procedure stipulated in section 76 of the Constitution. The Court found that Parliament had followed an incorrect procedure in enacting the Act and accordingly declared it invalid in its entirety for want of compliance with the procedures set out in section 76. Judgment: Ngcobo CJ (unanimous).