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The South African Parliament's oversight of delegated legislation
This thesis presents an analysis of the South African Parliament’s attempts to create a mechanism to enable oversight of delegated legislation. The question sought to be addressed is, whether Parliament has done anything to create a mechanism to oversee the delegation of its law-making authority to...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2019
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| _version_ | 1867613609267298304 |
|---|---|
| access_status_str | Open Access |
| author | Smit, Susan |
| author2 | Corder, Hugh |
| author_browse | Corder, Hugh Smit, Susan |
| author_facet | Corder, Hugh Smit, Susan |
| author_sort | Smit, Susan |
| collection | Thesis |
| description | This thesis presents an analysis of the South African Parliament’s attempts to create a mechanism to enable oversight of delegated legislation. The question sought to be addressed is, whether Parliament has done anything to create a mechanism to oversee the delegation of its law-making authority to the executive and if so, whether any of these efforts have been successful. This paper illustrated how the making of delegated legislation is not foreign to South Africa’s system of separation of powers as provided for in our Constitution and as interpreted by our courts. It is shown how, despite what the Constitution allows, recent law-making efforts have not strengthened Parliament’s ability to oversee delegated legislation. Instead legislators purposefully sought to curb attempts to improve rule-making and delegated legislation. Similarly, efforts to make delegated legislation more accessible to the public have been missing from government’s list of priorities. The South African Parliament’s efforts to scrutinise delegated legislation is contrasted with the efforts of the Gauteng Provincial Legislature and several foreign legislatures. Finally, it is indicated how Parliament, after more than 20 years since the promulgation of the final Constitution, has failed to create a permanent mechanism to enhance and strengthen its oversight of delegated legislation. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/29476 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:38:52.129Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/29476 The South African Parliament's oversight of delegated legislation Smit, Susan Corder, Hugh Constitutional & Administrative Law This thesis presents an analysis of the South African Parliament’s attempts to create a mechanism to enable oversight of delegated legislation. The question sought to be addressed is, whether Parliament has done anything to create a mechanism to oversee the delegation of its law-making authority to the executive and if so, whether any of these efforts have been successful. This paper illustrated how the making of delegated legislation is not foreign to South Africa’s system of separation of powers as provided for in our Constitution and as interpreted by our courts. It is shown how, despite what the Constitution allows, recent law-making efforts have not strengthened Parliament’s ability to oversee delegated legislation. Instead legislators purposefully sought to curb attempts to improve rule-making and delegated legislation. Similarly, efforts to make delegated legislation more accessible to the public have been missing from government’s list of priorities. The South African Parliament’s efforts to scrutinise delegated legislation is contrasted with the efforts of the Gauteng Provincial Legislature and several foreign legislatures. Finally, it is indicated how Parliament, after more than 20 years since the promulgation of the final Constitution, has failed to create a permanent mechanism to enhance and strengthen its oversight of delegated legislation. 2019-02-11T13:25:58Z 2019-02-11T13:25:58Z 2018 2019-02-11T10:43:47Z Master Thesis Masters LLM http://hdl.handle.net/11427/29476 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Constitutional & Administrative Law Smit, Susan The South African Parliament's oversight of delegated legislation |
| thesis_degree_str | Master's |
| title | The South African Parliament's oversight of delegated legislation |
| title_full | The South African Parliament's oversight of delegated legislation |
| title_fullStr | The South African Parliament's oversight of delegated legislation |
| title_full_unstemmed | The South African Parliament's oversight of delegated legislation |
| title_short | The South African Parliament's oversight of delegated legislation |
| title_sort | south african parliament s oversight of delegated legislation |
| topic | Constitutional & Administrative Law |
| url | http://hdl.handle.net/11427/29476 |
| work_keys_str_mv | AT smitsusan thesouthafricanparliamentsoversightofdelegatedlegislation AT smitsusan southafricanparliamentsoversightofdelegatedlegislation |