Public Participation in Law Making: The South African Experience

DOI: 10.5176/2251-3809_LRPP13.69

Authors: Siyambonga Heleba

Abstract:
It is over a decade since the South African Constitutional Court first pronounced on the constitutional imperative to facilitate public participation – thus consult the public – in law making. This paper tracks the jurisprudence of the Court and aims to demonstrate that, while the first cases were ground-breaking and progressive, the Court has, over time, been quite conservative in its assessment of whether a legislature has complied with its obligation to facilitate public participation in law making.

Keywords: public participation, law making, South Africa, Constitutional Court, jurisprudence