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ANNEXURE G

The Commission’s final draft Bill

THE COMMISSION’S FINAL DRAFT BILL

1. Proposed amendment of section 170 of the Constitution of the Republic of South Africa, 1996

By its substitution by the following:

“Magistrates’ Courts and all other courts may decide any matter determined by an Act of Parliament, but a court of a status lower than a High Court may not rule on the constitutional validity of any Act of Parliament, any legislation passed by the legislature of a province after 27 April 1994, or any conduct of the President.”

2. Proposed amendment of section 110 of the Magistrates’ Courts Act, 1944

By its substitution by the following:

(1) No magistrate’s court shall be competent to rule on the constitutional validity or validity for any other reason of any Act of Parliament, any legislation passed by the legislature of a province after 27 April 1994, or any conduct of the President, and every magistrate’s court shall assume that any such Act, legislation or conduct is valid.

(2) Subject to subsection (1), every magistrate’s court shall be competent to rule on the constitutional validity or validity for any other reason of:

(a) any administrative action, including any executive action and any statutory proclamation, regulation, order, bye-law or other legislation;and

(b) any rule of the common law, customary law and customary international law.”

3. Proposed amendment of the Magistrates’ Court Rules

By the insertion of the following new rule

Reporting of orders of constitutional invalidity

“If a magistrate’s court makes an order of constitutional invalidity in any proceedings in which the relevant organ of state is not a party, the clerk of the court shall, within 15 days of such order, notify the relevant organ of state of the proceedings and the order by service on it of the pleading or document in which such invalidity is asserted and the order of invalidity.”