Synopsis:
Decree 9 (Environmental Conservation) of 1992 (Transkei) —
constitutional validity of sections 13(c) and 84(13)
Sections 167(5) and 172(2)(a) of the Constitution —
confirmation jurisdiction — whether Decree has status of
provincial Act — not necessary for this Court to confirm
invalidity of pre-constitutional legislation not endorsed by the
Legislature and with parallel legislation on the same subject
matter.
Application for confirmation of order of invalidity of sections 13(c) and 84(13) of Decree 9 (Environmental Conservation) of 1992 (Transkei), prohibiting the possession of a carcass of a protected wild animal. It was held that, for the purposes of sections 167(5) and 172(2)(a) of the Constitution, Decree 9 was not conduct of the President or an Act of Parliament. Nor could it be considered a provincial Act in terms of its origin, territorial application or its history or treatment before and after the enactment of the Constitution. The declaration that it was invalid therefore did not require the Court’s confirmation.
Judgment: Van der Westhuizen J (unanimous)
