Public participation in South African law-making process is essential

By Patrick Bracher (ZA) on January 13, 2019 Posted in General

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 … Continue reading

Public participation in the legislative process

By Patrick Bracher (ZA) on January 19, 2017 Posted in General

A law will be set aside if the lawmaker (Parliament or the National Council of Provinces) fails to satisfy its obligation to facilitate public involvement in the process of making law. In Land Access Movement of South Africa v Chairperson of the National Council of Provinces, Parliament passed a law amending the restitution of land … Continue reading

Public participation in law making

By Patrick Bracher (ZA) on September 29, 2014 Posted in General

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 … Continue reading