Are you allowed to carry without your licence if the licence has been stolen?

[abhm]

well no because of our hierarchical law structure the constitution supercedes the FCA

dont mean to hijack the thread but does it mean that the constitutional court rule superceed the apeal court?

no it means that the constitution supercedes all other laws and that no law may be in contradiction to the the constitution.

In interpretation I suppose the constitutional court which is intended to judge the application of actions and law against the constitution would supercede the judgement of the appeals court if that appeal ruling were deemed contrary to the constitution although it would very hard to imagine how this would actually happen. PLEASE BEAR THIS IN MIND I am not now nor have I ever claimed to be a lawyer, judge, paralegal nor academic legal expert! I would gladly bow to either either SSP or Khumba both of whom are eminently more qualified to conduct discourse on legal protocols and procedures (besides Khumba would kick my butt! ;D)

[deonh]

but does it mean that the constitutional court rule superceed the apeal court?

Yes, but on constitutional matters only. The constitutional court's jurisdiction allows it to only hear matters and decisions (of lower courts for example) relating to the constitution. The Supreme Court of Appeal is the highest court in SA concerning all other matters (i.e. non-constitutional).

[KK20]

but does it mean that the constitutional court rule superceed the apeal court?

Yes, but on constitutional matters only. The constitutional court's jurisdiction allows it to only hear matters and decisions (of lower courts for example) relating to the constitution. The Supreme Court of Appeal is the highest court in SA concerning all other matters (i.e. non-constitutional).

in my idustry we as a group took the minister of health to court and won the appeal court and the constitutional court , yet the government still ignores the rulings and toffy in our face!

[pietskiet]

thats the way it is in sa. And yes the goverments way of ignoring the courts is of great concern. The problem is they have held power for to long giveng them the perception that they are untouchable.

[ikor]

This would seem to me to be one more reason to keep a 'certified true copy' of your license, etc. in a very safe place. I realize it is not the original, but here at least, a court will honor it as if it was. Khumba and SSP would know more about the actual legalities of that but I would do it in any case.