Jaspreet Kindra
The Constitutional Court has torpedoed Mpumalanga Premier Ndaweni Mahlangu’s legal challenge to his provincial legislature over an anti-corruption Bill.
Believing the Mpumalanga Petitions Bill was inconsistent with the Constitution, Mahlangu took it to the court “to seek clarity”. The Bill vests the power of promulgation in William Lubisi, speaker of the provincial assembly, and gives him the right to issue regulations under it.
The legislation was introduced by Fish Mahlalela, who was sacked by Mahlangu as local government MEC last year. It seeks to enhance public participation in the government of Mpumalanga, and will enable the public to ask the legislature to investigate corrupt practices in government.
In its judgement, the court rejected Mahlangu’s argument that Lubisi’s powers under the Bill were inconsistent with the doctrine of separation of powers and established conventions.
The court said the Constitution did not specifically empower the executive to promulgate Acts and make regulations, although this was usual practice because the executive implemented legislation.
Because of the nature of the Bill, the speaker was the appropriate authority to make regulations.
Mahlangu also argued that the Constitution did not permit the legislature to pass the Petitions Bill. The court found that he should have raised this concern with the legislature before going to law.