CONSTITUTIONAL COURT CLARIFIES PROPER INTERPRETATION OF SECTION 168(3) OF THE CONSTITUTION: DEMOCRATIC ALLIANCE V AFRICAN NATIONAL CONGRESS AND ANOTHER

In Democratic Alliance v African National Congress and Another [2015] ZACC 1 (“DA v ANC”), handed down on 19 January 2015, the Constitutional Court clarified the position in relation to the correct interpretation of section 168(3) of the Constitution pursuant to the Constitution Seventeenth Amendment Act of 2012.