ULL 214 Chapter 2 30 January 2012

WHAT IS LEGISLATION? 1)Written law enacted by a body or person authorised to do so by the 2) Constitution or other 3) legislation Why NB to know? Because the rules and principles of statutory interpretation only apply to legislation.

A list of different types  Law  Proclamation  Ordinance  By-laws  Rules  Regulations / subordinate legislation / National and provincial  National legislation / Act of Parliament  Subordinate legislation in terms of an Act of parliament. (National Road Traffic Act)  Provincial Legislation  Subordinate legislation made in terms of a provincial Act.  Examples

CHRONOLOGICAL (Before 1806)--( )--( )-1994

Section 43 of Constitution  Legislative authority of the Republic 43. In the Republic, the legislative authority - (a) of the national sphere of government is vested in Parliament, as set out in section 44; (b) of the provincial sphere of government is vested in the provincial legislatures, as set out in section 104; and (c) of the local sphere of government is vested in the Municipal Councils, as set out in section 156.

Co- operative spheres Original Legislation Delegated Legislation National Sphere / Legislature Parliament Since 1910 Some have higher status National Council of provinces and National Assembly Delegated legislation from National Road traffic Act Provincial Sphere / Legislature Provincial laws and ordinances Gauteng Liquor Act Regulations that give meat to Gauteng Liquor Act Local Municipaliti es Ordinances CONSTITUTION (Art 43)

Section 9 of Constitution Equality  9. (1) Everyone is equal before the law and has the right to equal protection and benefit of the law.  (2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.  (3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.  (4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.  (5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.

WHAT WILL NOT BE LEGISLATION?  All Legislation must be published in GG  However, not everything published in GG will be law. (Legal notices, draft Bills, reports, discussion papers, advertisements).  Green papers, white papers (for public participation) – may lead to legislation or be material used during interpretation.