South Africa is a participatory democracy and where legislation is passed without facilitating public participation, especially by those members of the public most affected, the law is invalid.

The Veterinary Association was successful in having the word ‘veterinarian’ severed from an amendment to the Medicine and Related Substances Act because of lack of consultation regarding

Our courts are entitled to review all laws, including delegated legislation (regulations, notices, directives, etc), if they are not clear, comprehensible, accessible and predictable in their application. Vague, unclear and incomprehensible legislation may be struck down as contrary to the rule of law.

In MEC for Education, Gauteng v Fedsas the court struck some and

The making of most law requires public participation. The test as to how much public participation is called for is reasonableness in the circumstances of the case. The steps that must be taken by government to get participation depends on the object, language, scope and purpose of the law.

The municipality in Kalil v Mangaung