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Re: Submission Regarding Certification of the Constitution of South Africa Bill 1996 [1996] ZAConAsmRes 16 (7 May 1996)

 

07/05/1996

re: SUBMISSION REGARDING CERTIFICATION OF THE CONSTITUTION OF SOUTH AFRICA BILL, 1996.


This letter is written in the abovementioned regard to a telephonic conversation on 6 May 1996 between the Registrar and adv. S. C. Jacobs. Advocate Jacobs and we act on the behalf of the Transvaal Agricultural Union.

Having regard to the provisions contained in Chapter 5 of the Constitution of the RSA (Act no. 200 of 1993) our client contends that it is not evident from the provisions of our Constitution whether a party not having representation in Parliament (as is the case with our client) is entitled before certification of the new Constitution by the Constitutional, to furnish either written or oral submissions to the Constitutional Court. On the other hand, the Constitution does not exclude the right of our client to submit points of view on certain fundamental rights relating to the property clause prior to certification.

It would be appreciated if the Honourable President of the Constitutional Court could indicate whether such submissions are admissible and if so, in what manner.

DR P. J. KOTZE INCORPORATED

[Editor’s Note: Document in Afrikaans from Dr. PJ Kotze Igelyf dated 28 May 1996, not scanned]