Cameron J in My Vote Counts NPC v Speaker of the National Assembly (CCT121/14) [2015] ZACC 31 (30 September 2015) at para [53] of minority judgment.
“These considerations yield the norm that a litigant cannot directly invoke the Constitution to extract a right he or she seeks to enforce without first relying on, or attacking the constitutionality of, legislation enacted to give effect to that right. [footnote omitted] This is the form of constitutional subsidiarity Parliament invokes here. Once legislation to fulfil a constitutional right exists, the Constitution’s embodiment of that right is no longer the prime mechanism for its enforcement. The legislation is primary. The right in the Constitution plays only a subsidiary or supporting role.”