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21 Law Democracy & Dev. 1 (2017)

handle is hein.journals/laacydev21 and id is 1 raw text is: 





Between separation

of  powers and

justiciability:

Rationalising the

Constitutional

Court's judgement

in  the   Gauteng E-

tolling litigation in

South Africa


CHUKS  OKPALUBA
Adjunct  Professor, Nelson Mandela
School of Law, University of Fort Hare


MTENDEWEKA MHANGO*
Adjunct  Professor, Nelson Mandela
School of Law, University of Fort Hare


1 INTRODUCTION

In handing down its judgments in the
controversial Gauteng e-tolling appeal
in National Treasury v opposition to
Urban   Tolling Alliance,' and the
Marikana     mineworkers'     legal
representation imbroglio in Madigiwana


* This article is based on the research supported in
part by the National Research Foundation of South
Africa (Grant Number 103438). I would like to
thank Fulufhelo Malada and Ebe Aguebor for their
diligent assistance in this project.
12012 (6) SA 223 (CC). For the High Court
ruling that gave rise to this appeal, see
Opposition to Urban Tolling Alliance v SANRAL
2012 ZAGPPHC 63 (HC).


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