Law

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Issue:

English

 

Written by:

Keri C

 

Date added:

January 26, 2015

 

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Grade:

A

 

No of pages / words:

2 / 298

 

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3865 times

 

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Essay content:

Trade is one of these issues. Schedule 5 on the other hand deals with issues of exclusive provincial legislative competence. This schedule includes liquor licenses. The President was worried that if the matter was addressed under Schedule 5 then it would in the exclusive jurisdiction of the provinces so the matter was brought before the constitutional court by President to the Court for consideration in terms of Section 84(2)(c) of the Constitution...
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The Constitutional Court makes it clear that the Liquor Bill needed drastic reform. The issue was, “into which area does this reform fall?” The National Government was claiming that the issue fell under Schedule 4 and therefore the National Government has the power to legislate over it. The Provincial Government was claiming that the issue fell under Schedule 5 because it deals with liquor licenses and was therefore in the exclusive competence of the Provincial Governments...
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