Principle

CONSTITUTIONAL LAW — Section 8(5) of 1999 Constitution — New Local Government Areas Cannot Become Operative Without National Assembly’s Consequential Act

Area of law: CONSTITUTIONAL LAW
Court: Supreme Court

State laws creating local governments are valid but inchoate without National Assembly action. The principle applies to constitutional law. The Assembly must amend the Constitution. The rule ensures federal constitutional consistency. The court will not recognise purely state-created local governments. The principle is well-established.

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