We search for the oddest, most insane and confusing headlines seen in the world today and we roast it! Always a good laugh. Be part of the LIVE stream. Next show: https://youtu.be/xQMH3KXPFQ0 #Comedy #Roast #SouthAfrica ... https://www.youtube.com/watch?v=oYrvYvYDoV4

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I sit down to chat with Linda and Ridell about their workshop. What is it? How could you benefit from it? Find out tonight. _________________________________ ? Donate to the show: https://www.joeemilio.co.za/support _____________________________________ REBEL Store ZA ? https://rebelstoreza.com/ ____________________________________ ? Telegram Notification Channel: https://t.me/joeemiliochannel _____________________________________ ? Outro Animation credit/ designed by: Obakeng Moroe: https://www.behance.net/obakengmoroe IG: boundless_agency Email: obakeng.moroe@gmail.com ... https://www.youtube.com/watch?v=7A-2kBQHrtU

#SouthAfrica #ReferendumParty #CapeIndependence Marin Van Staden Article: https://www.politicsweb.co.za/opinion/constitution-is-clear-alan-winde-can-call-a-refere If you want Cape Independence, you are going to have to vote for it on May 29th 2024: https://www.referendumparty.org/ ___________________________________ ??‍?My Website: www.joeemilio.co.za __________________________________ ? Become a member to my YT Channel for some perks: https://www.youtube.com/channel/UCdU01vCV2s1obEC9qPZc85Q/join ___________________________________ ? WATCH ?: First Run of my comedy special: https://youtu.be/XSCaJG-WemM ___________________________________ ⬇️ Social media Links ?: Facebook: https://www.facebook.com/comic.joe.emilio Twitter/ X: https://x.com/joe_emilio_?s=21&t=9Ix-RktUtfJaVh6pV4c26Q Tiktok: https://x.com/joe_emilio_?s=21&t=9Ix-RktUtfJaVh6pV4c26Q Instagram: https://instagram.com/joeemilio?igshid=OGQ5ZDc2ODk2ZA== Constitution is clear: Alan Winde can call a referendum in WCape Who gets to call a referendum? In this case, it is quite evident that the Constitution envisages (and it should be read to envisage) provincial initiative when it comes to provincial referenda. Section 127(1)(f) of the Constitution provides that a provincial Premier has the power to call ‘a referendum in the province in accordance with national legislation’. The ‘national legislation’ referred to in this context is the Referendums Act of 1983. The Referendums Act empowers the erstwhile office of the State President to call referenda and sets out how that might be done. The fact that it does not refer to provincial premiers, however, is of no moment. Why? Because despite some imperfections, South African constitutional law is remarkably coherent. Section 3(2)(b) of Schedule 6 of the Constitution provides that, ‘Unless inconsistent with the context or clearly inappropriate, a reference in any remaining old order legislation to a State President […] must be construed as a reference to the Premier of a province under the new Constitution, if the administration of that legislation has been allocated or assigned in terms of the previous Constitution or this Schedule to a provincial executive’. In turn, section 147(1)(f) of ‘the previous Constitution’ – the interim Constitution of 1993 – provides that, ‘The Premier of a province […] shall be competent to exercise and perform the following powers and functions, namely to proclaim referenda and plebiscites in terms of this Constitution or a provincial law.’ In other words, the current Constitution provides unequivocally that a provincial premier may call a referendum in their province in line with national legislation. The national legislation in question, the Referendums Act, is old order legislation that refers to the State President, not to a premier. The Constitution then further provides that if the interim Constitution assigned to premiers the power to call a referendum – which it did – then the Referendums Act’s reference to ‘the State President’ must be read as a reference to ‘the Premier’. Schedule 6 of the Constitution, furthermore, does not contemplate the courts exclusively when it says how old order legislation ‘must be construed’. This schedule is applicable on everyone who must give effect to constitutional provisions – which in this case includes provincial premiers. Not to put too fine a point on it, then: section 3(2)(b) of Schedule 6 places a requirement on the Premier of the Western Cape, in the person of Alan Winde, to read the Referendums Act as empowering him and his office to call a provincial referendum. It would be completely unconstitutional and incongruent with the text of the Constitution and the spirit of subsidiarity, which the Constitutional Court has said underlies the Constitution, to read section 127(1)(f) of the Constitution as meaning provincial subordination to the central government. Fixing the old Act Even though Schedule 6 places, in my mind, a clear obligation on the Premier to take the initiative, South Africans tend to have a very unhealthy preoccupation with the courts, to the extent that some believe that unless there is a Constitutional Court judgment on a matter, it cannot amount to law. This is nonsense, of course, but an aspect of public discourse that must be taken into account. The Premier of the Western Cape must read the Constitution as allowing him to call a referendum in line with the old Referendums Act. The DA and others’ argument is that Parliament must first fix the old Act and bring its text explicitly in line with what the Constitution provides – an argument I have now rebutted. (It seems clear to me, as an aside, that the DA prefers this argument not because it is convinced that it is jurisprudentially correct, but because it is worried about what the outcome of a referendum on Cape independence would be, and they know the central Parliament will not fix the old Act any time soon.) ... https://www.youtube.com/watch?v=UumdPUMwBvY