Chapter 2 - The Term Legislation

Question 1

What is legislation

Answer 1

The term legislation comprises a number of sometimes confusing names and concepts, for instance, Acts, statutes, ordinances, regulations, proclamations, rules, notices and by-laws

Question 2

Categories of legislation

Answer 2

1. Chronological categories
2. Hierarchy
3. Status

Question 3

Chronological categories

Answer 3

This classification explains all forms of existing legislation according to their historical origins:

1 Legislation before 1806
2. Older order legislation
3. Pre-Union Legislation
4. Legislation between the Union and the democratic era
5. Legislation in the new constitutional order since 1994

Question 4

Hierarchical categories

Answer 4

The Constitution is supreme, and all legislation is now subject to it.

1. The Constitution
2. Original Legislation
3. Act of Parliament
4. New Provincial Acts
5. Provincial Ordinanaces
6. Legislation of the former homelands
7. Legialation of the former TBVC states
8. New municipal legislation

Question 5

What is not legislation?

Answer 5

1. Common law rules and rules of Indigenous law
2. Case law
3. Policy documents such as Green and White Papers.

Question 6

Relationship between legislation and common law

Answer 6

The Roma-Dutch common law is not sacrosanct, untouchable or protected from constitutional scrutiny, although some lawyers still believe others. The Constitution is the highest law in the land, and any law, including common law, inconsistent with the Constitution is invalid (s2), and in terms of section 39(2), the courts must promote the spirit, purport and objects of the Bill of Rights when they develop the common law.