[2] Government Gazette 36265 of 18 March 2013.
[3] To Ms Baneka Dalasile at bdalasile@thedti.gov.za.
[4] DTI website, http://www.dti.gov.za/default.jsp , ‘Call for comments on the Licensing of Businesses Bill’.
[13] Constitution s 25(1).
[14] Constitution s 25(2)(b).
[15] First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Services and Another; First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 (7) BCLR 702 (2002 (4) SA 768) (CC) para [100].
[16] Counterfeit Goods Act 37 of 1997: Bill cl 18(1)(c).
[17] Customs and Excise Act 91 of 1964.
[19] Tax Administration Act 28 of 2011.
[20] Income Tax Act 58 of 1962.
[21] Value-added Tax Act 89 of 1991.
[22] Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972: Bill cl 18(1)(e).
[23] Immigration Act 13 of 2002.
[24] The Immigration Act defines an ‘illegal foreigner’ as a foreigner who is in the Republic in contravention of the Act.
[25] Refugees Act 130 of 1998.
[26] Constitution s 25(1).
[27] Offit Enterprises (Pty) Ltd and Another v Coega Development Corp (Pty) Ltd and Others 2011 (2) BCLR 189 (CC) paras [38]–[39].
[28] Constitution s 22. This provision also provides that the practice of a trade, occupation or profession may be regulated by law.
[29] Constitution s 12(12)(e). The previous Constitution provided, similarly, that no person shall be subject to cruel, inhuman or degrading treatment or punishment.
[30] Bull and Another v S; Chavulla and Others v S 2002 (6) BCLR 551 (SCA) para [12].
[31] See Mohunram and Another v National Director of Public Prosecutions and Another (Law Review Project as amicus curiae) 2007 (6) BCLR 575 (2007 (4) SA 222) (CC) paras [118]–[137], decided in connection with the statute governing civil forfeiture of assets reasonably believed to have been an instrumentality of a an offence.
[32] Counterfeit Goods Act s 20.
[33] Foodstuffs, Cosmetics and Disinfectants Act s 20(1).
[34] Customs and Excise Act 91 of 1964 s 87(1).
[35] Tax Administration Act 28 of 2011.
[36] Tax Administration Act s 234(a)—(o).
[37] Tax Administration Act s 235(a)—(e).
[38] Constitution, 1996, s 104(1)(b)(i) read with Schedule 4.
[39] Constitution, s 104(1)(b)(ii) read with Schedule 5.
[42] This analysis is based on the decision of the Constitutional Court in Ex parte President of the Republic of South Africa, in re Constitutionality of the Liquor Bill 2000 (1) BCLR 1 (2000 (1) SA 877) (CC).
[43] Constitution s 44(2). This provides that Parliament may intervene, by passing legislation with regard to a matter falling within a functional area listed in Schedule 5 (the Constitution’s schedule of functional areas of exclusive provincial legislative competence), when it is necessary to maintain national security, to maintain economic unity; to maintain essential national standards; to establish minimum standards required for the rendering of services; or to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole.
[44] In the case Ex parte President of the Republic of South Africa, in re Constitutionality of the Liquor Bill (see fn 42 above), the court held that the national Liquor Bill, 1998, went further than was necessary, in purporting to deal with retail sales of liquor by retailers or by manufacturers and micro-manufacturers whose operations were essentially provincial, and that those clauses rendered the Bill unconstitutional.
[46] Of Trade and Industry.
[48] Executive Council of the Western Cape Legislature and Others v President of the Republic of South Africa and Others 1995 (10) BCLR 1289 (CC) para [134].
[52] Bill cl 22(1) and (3).
[53] See Constitution s 1(c).
[55] Bill cls 7(4) and 13(4).
[56] Bill cls 17 (3) and 18(3).