Articles
Tobacco Bill – are committee powers unconstitutional?
The Monitoring Committee’s envisaged functions relating to policy and enforcement are probably unconstitutional.
24 September 2026
The Monitoring Committee’s envisaged functions relating to policy and enforcement are probably unconstitutional.
The rise in the illicit cigarette trade in South Africa is the inevitable result of strict regulation, high taxes, and inadequate enforcement.
The Elections Clause does not permit the prescribing of voter qualifications for congressional elections.
ut three of the nine Supreme Court justices in the 1992 Álvarez-Machaín case gave a dissenting opinion.
It is concluded that the strikes are not lawful.
They say there may be a professional duty to disobey an unlawful order even if not patently unlawful, and an immoral order even if lawful.
Federal law describes such violations of the Conventions as war crimes.
“What you do when you’re planning to break the law: You get rid of any lawyers who might try to slow you down.”
The Bill seeks to substitute the 1991 Act with a “comprehensive” system of business licensing that “promotes social and economic inclusion”.
These provisions are vague and do not properly define the scope of the Minister’s power to prescribe regulations.