Abstract This article is a reappraisal of the doctrine of implied powers in South African law in the specific context of constitutional law as it relates to the jurisdiction and remedial powers of specialist courts and tribunals. It argues that the jurisprudence on implied powers has become such that there are no discernible limits on when powers can be said to be implied and no guidance on whether there are instances where such powers can never be implied. It argues that recent developments uncoupling implied powers from express statutory text on which such powers are grounded, have led to courts adopting a free-for-all approach to implied powers with very little attention paid to the effect of this approach on the operation of the Constitution in light of its text, structure, and history, and urges a return to a minimalist understanding of implied powers.
Dan Mafora (Thu,) studied this question.