It has consistently bothered me that, on the one hand, the executive government is allowed to create quasi-judicial bureaucracies within itself, taking more and more responsibility away from the courts, while, on the other hand, the courts practice a religious adherence to the separation of powers doctrine. How can it be that the executive may usurp powers from the courts, and yet the courts have to continue to "defer and respect"? To those of us conscious of how the rule of law is being violated by our government, it is easy to identify this as one of the greatest contributing factors. In the 2015 International Trade Administration Commission v Scaw SA case, the Constitutional Court held: "[It seems] self-evident that the setting, changing or removal of an antidumping duty in order to regulate exports and imports is a patently executive function that flows from the power to formulate and implement domestic and international trade policy. That power resides in the kraal of the natio...

BL Premium

This article is reserved for our subscribers.

A subscription helps you enjoy the best of our business content every day along with benefits such as exclusive Financial Times articles, Morningstar financial data, and digital access to the Sunday Times and Times Select.

Already subscribed? Simply sign in below.



Questions or problems? Email helpdesk@businesslive.co.za or call 0860 52 52 00.