Answer to Question #192480 in Law for LERATO RAMONYAI

Question #192480

The hierarchy of legislation in South Africa

Expert's answer

Hierarchy" is classification of legislation according to the level of government (national, provincial or local) whereat it is passed. Statutes which prevail over others are "superior" to them, and superior statutes can be either original or delegated, even within one level of government. In South Africa Legislation hierarchy is as follows:

·        Original Legislation: Composed of Parliament as South Africa's highest legislator, its original powers bestowed by the Constitution. The parliament passes the acts such as New Provisional Act, and other legislations such as the legislation of the former TBVC states and New Municipal legislation.

·        Delegated Legislation: Acts of Parliament and other original legislation are often drafted in skeleton form, as the legislative bodies responsible are not able to account continuously for every change in South African society which such legislation would be required to accommodate. Delegated legislation "adds the flesh;" it is "legislation by administration. An original statute thus "orders" (in an enabling provision) that legislation be drafted, usually at a lower level of government, to address certain aspects of what the original statute is supposed to remedy.

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