APARTHEID AND COLONIAL ERA LEGISLATION: SALRC CALLS FOR INPUT ON ISSUES PAPER

The South African Law Reform Commission has released an issue paper as the next step in a review of colonial and apartheid era legislation administered by the Department of Justice & Constitutional Development. The purpose of the paper is to elicit views and opinions on whether, and how, these laws should be changed – with the deadline for input has been set at 15 January 2024.

According to an accompanying media statement, a preliminary analysis has identified ‘a handful of … pre-democratic era laws:

  • ‘at variance with the Constitution’, or
  • ‘incompatible with social, economic and constitutional developments’, or
  • ‘deficient in some or other way’, or
  • that ‘have become spent, obsolete or redundant’.

One is the Commissions Act, 1947, which among other things ‘is silent on the exercise of power to appoint a commission of inquiry by a premier of a province’.

Published by SA Legal Academy Policy Watch

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