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Thursday, June 3, 2010

Inconsistency between Federal and Provincial Legislation

Inconsistency between Federal and Provincial Legislation
The following shall clarify the position in regard to the Inconsistency between two legislations.The following are the extracts from the judgement of South Africa: Constitutional Court.[Blogger]
Blackshield, Williams and Fitzgerald Australian Constitutional Law Theory (The Federation Press NSW 1996) 473 and Ex parte McLean [1930] HCA 12(1930) 43 CLR 472, 483 where it was stated that -
“[t]he inconsistency does not lie in the mere coexistence of two laws which are susceptible of simultaneous obedience. It depends upon the intention of the paramount Legislature to express by its enactment, completely, exhaustively, or exclusively, what shall be the law governing the particular conduct or matter to which its attention is directed. When a Federal statute discloses such an intention, it is inconsistent with it for the law of a State to govern the same conduct or matter.” (Emphasis supplied)

 Certification of the Kwazulu-Natal Constitution (CCT15/96) [1996] ZACC 17; 1996 (11) BCLR 1419; 1996 (4) SA 1098 (6 September 1996)

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