Principle

CONSTITUTIONAL LAW – Interpretation of Constitution – Reference to Court of Appeal – Requirement that Question Must Arise from Proceedings

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

Section 295(2) of the Constitution requires that a constitutional interpretation question must arise from proceedings before the High Court before it can be referred to the Court of Appeal. Not every constitutional question qualifies—the issue must be live in the pending proceedings. The High Court…

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