Law

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Title: Law

Essay Details:

Subject: English

Author: Matthew F

Date: January 28, 2013

Level: University

Grade: A

Length: 1 / 298

Essay text:

Trade is one of these issues. Schedule 5 on the other hand deals with issues of exclusive provincial legislative competence. This schedule includes liquor licenses. The President was worried that if the matter was addressed under Schedule 5 then it would in the exclusive jurisdiction of the provinces so the matter was brought before the constitutional court by President to the Court for consideration in terms of Section 84(2)(c) of the Constitution. The Constitutional Court held that the same things overlap into Schedules 4 & 5. “Trade” is the manufacturing and distribution which crosses provincial lines and is a Schedule 4 matter whereas “licenses” is sale and retail within the particular province and is therefore a Schedule 5 matter...

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