Recent Case: Constitutional application

• Jurisdiction: South Africa
• Citation: (1997) 10 SACJ 120
• Pages: 120-121
• Author: Saras Jagwanth
• Published date: 28 August 2019
• Date: 28 August 2019

120

SACJ •

(1997) 10 •

SAS

Constitutional application

SARAS JAGWANTH

University of Natal, Pietermaritzburg

Interpretation

Interpretation—retrospective operation of Constitution

In

Key v Attorney-General, Cape Provincial Division

1996 (2) SACR 113 (CC)

the applicant sought to challenge the constitutionality of ss 6 and 7 of the

Investigation of Serious Economic Offences Act 117 of 1991. The search and

seizure authorized under the Act had, however, taken place before the

commencement of the Constitution. Kriegler J, for a unanimous court,

confirmed the ratio in

Du Plessis v De Klerk

1996 (3) SA 850 (CC) that the

Interim Constitution did not apply retrospectively to conduct which took place

(1997) 10 SACJ 120

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