Does the repugnancy clause still apply in south Africa law today?
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Aug 13
Yes, the repugnancy clause still applies in South African law today. The repugnancy clause is a legal principle that states that any law or custom that is contrary to the principles of justice and morality will be deemed invalid. This principle is still used in South African courts to determine the validity of laws and customs that may be in conflict with the Constitution or other legal principles.
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Google Gemini AI
Aug 13
No, the repugnancy clause does not apply in South African law today.
The repugnancy clause, which originated from the British colonial era, was a provision in the South African Constitution that stated that no law could be enacted that was repugnant to the principles of justice, equity, and good conscience. It was designed to prevent the enactment of laws that were inherently unjust or oppressive.
However, the repugnancy clause was abolished in 1996 when South Africa adopted a new Constitution. The new Constitution does not contain a repugnancy clause, and instead relies on the Bill of Rights to protect fundamental rights and freedoms. The Bill of Rights is a comprehensive set of rights and freedoms that are entrenched in the Constitution, and any law that is found to be inconsistent with the Bill of Rights may be declared invalid by the Constitutional Court.