Africana Periodical Literature 
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| Title: | Advisory opinion in terms of section 19(2) of proclamation r101 of the republic of south africa |
| Authors: | Berker, J.P. Mouton, J. Bethune, J. |
| Year: | 1988 |
| Periodical: | Southern Africa Record |
| Issue: | 50 |
| Pages: | 3-42 |
| Language: | English |
| Geographic term: | Namibia |
| Subjects: | constitutional reform human rights |
| Abstract: | As a result of the political developments with regard to the status of the Territory of South West Africa/Namibia on the road to ultimate independence, far-reaching legislative and executive powers and duties were conferred upon a legislative and executive body (a National Assembly and a Cabinet, respectively) by the passing of a Proclamation of the Republic of South Africa on June 1985, styled the 'South West African Legislative and Executive Authority Establishment Proclamation 1985'. A most important part of the Proclamation was the enactment of a Bill of Rights. No new legislation may be passed by the Assembly, in conflict with the provisions in the Bill of Rights, and all existing legislation should be gradually brought into line with the provisions of the Bill of Rights, with the exception of the security legislation. This paper contains the decision reached by the Supreme Court of South West Africa in answering the question to what extent the Representative Authorities Proclamation 1980 is in conflict with any of the fundamental rights enshrined in the Bill of Rights. This 1980 Proclamation established what was termed 'representative authorities' for the various 'population groups' in the territory. |