Transcription of IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA . CASE NO CCT/25/94. In the matter between: MHLUNGU AND FOUR OTHERS Applicants and THE STATE Respondents HEARD ON : 23 February 1995. DELIVERED ON : 8 June 1995. JUDGMENT. [1] MAHOMED J: I have had the privilege of reading the judgment of Kentridge AJ in this matter and the comments made thereon by some of my esteemed colleagues. I respectfully agree that - (a) section 102 of the constitution of the Republic of SOUTH AFRICA , 1993 ( the constitution ) did not entitle the COURT a quo to refer to this COURT the issue of the proper interpretation of section 241(8) of the constitution .
MAHOMED J 2 such proceedings shall be brought before the court having jurisdiction under this Constitution". The attraction of the analysis of section 241(8) which
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