Legislative Process: Adoption & Promulgation

Adoption refers to the constitutionally-prescribed processes and procedures required for draft legislation to become law, while promulgation is the act of putting the legislation officially and legally into operation through publication.

The 'endless circle of invalidity' problem arises when the enabling Act does not have the force of law yet because the President needs to promulgate it, but the President does not have the authority to promulgate the Act without the enabling Act being in force.

The common law presumption is that legislation only applies to the future, and not retroactively before the legislation was promulgated and came into effect.

<p>The 'Cats Entertainment' case established that relevant functionaries can make appointments and subordinate legislation even if the appointments or subordinate legislation cannot be effective before the enabling Act is in force.</p> Signup and view all the answers

<p>The 'Ex Parte Minister of Safety and Security: In re S v Walters' case is about the enacting clause, which specifies who promulgates the legislation.</p> Signup and view all the answers

<p>The 'Pharmaceutical Manufacturers Association of South Africa: In re Ex Parte President of the Republic of South Africa' case is also about the enacting clause and who has the authority to promulgate legislation.</p> Signup and view all the answers

<p>The common law presumption against retroactive effect.</p> Signup and view all the answers

<p>Retroactive ('strong') effect, which operates backwards in time.</p> Signup and view all the answers

<ol> <li>New offences cannot be created retroactively. 2) Existing punishments cannot be increased retroactively.</li> </ol> Signup and view all the answers

<p>Whether retroactive effect depends on the facts and rights involved in each case.</p> Signup and view all the answers

<ol> <li>If the legislation deals only with procedure and does not affect substantive rights. 2) If the retroactive effect benefits the individual without taking away vested rights.</li> </ol> Signup and view all the answers

<p>If retroactive effect provides benefits to an individual without taking away vested rights, the presumption against retroactive effect does not apply.</p> Signup and view all the answers