Theme 6

Question 1

Direct Application

Answer 1

1) Law is tested against a provision of the Constitution, more specifically a provision in the BoR
2) And is ruled invalid owing to its unconstitutionality.
Based on Sec 8(1) vertical and horizontal application

Question 2

Indirect Application

Answer 2

1) Interpretation of legislation and development of common law and customary law in pursuance of section 39(2) and 173
2) Dispute is based on common law,customary or legislation