CH3 Case Law

Question 1

Queen v Jizwa

Answer 1

It was held that legislation commences on the date of publication,
irrespective of whether it has come to the knowledge of
everybody in the remote areas

Question 2

President of the Republic of South Africa v Hugo 1997

Answer 2

A person should be able to know of the law and be able to conform his or her conduct to the law

Question 3

Ex parte Minister of Saftey and Security: In re S v Walters

Answer 3

Explained that the power conferred by the legislature on the President to fix a date for commencement is a public power and must be exercised lawfully for the purpose of such a power.
However, the power could not be used to block or veto the implementation of new law.

Question 4

The Presumption that Legislation applies only to the future.
S v Mhlungu

Answer 4

The court explained that the presumption was not intended to
exclude the benefits of rights sanctioned by new legislation but
rather to prevent the invasion of rights.

Question 5

Veldman v Director of Public Prosecutions, Witwatersrand Local
Division 2007 (CC)

Answer 5

the well-established common law principle was given express constitutional backing.

Question 6

Transnet Ltd v Chairman National Transport Commission

Answer 6

The time-honoured principle that legislation should only apply to
the future is one of the basic foundations of a legal system based
on the rule of law.
The principle is based on the prevention of: 1) Unfair results
2)The prevention of unreasonable results
3)To ensure predictability and legality

Question 7

Common Law Presumption case
(Lek v Estate Agents Board)

Answer 7

It could be inferred if the legislation would result in absurd or unfair results should it not have retro-effect

Question 8

R v Silas

Answer 8

If the procedure negatively affects the substantive rights
then it is not allowed.