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21 Law Democracy & Dev. 1 (2017)

handle is hein.journals/laacydev21 and id is 1 raw text is: Between separation of powers and justiciability: Rationalising the Constitutional Court's judgement in the Gauteng E- tolling litigation in South Africa CHUKS OKPALUBA Adjunct Professor, Nelson Mandela School of Law, University of Fort Hare MTENDEWEKA MHANGO* Adjunct Professor, Nelson Mandela School of Law, University of Fort Hare 1 INTRODUCTION In handing down its judgments in the controversial Gauteng e-tolling appeal in National Treasury v opposition to Urban Tolling Alliance,' and the Marikana mineworkers' legal representation imbroglio in Madigiwana * This article is based on the research supported in part by the National Research Foundation of South Africa (Grant Number 103438). I would like to thank Fulufhelo Malada and Ebe Aguebor for their diligent assistance in this project. 12012 (6) SA 223 (CC). For the High Court ruling that gave rise to this appeal, see Opposition to Urban Tolling Alliance v SANRAL 2012 ZAGPPHC 63 (HC). Page | 1