Synopsis:
Article 46(a)(ii) and article 47(a) of the schedule to the Multilateral Motor Vehicle Accidents Fund Act, 93 of 1989 not unconstitutional. Referral in terms of s102(1) incompetent because issue not decisive of the case. All rights vested before the Constitution came into force. No exceptional circumstances exist for retrospective application of Constitution. Application for direct access dismissed. Maj: O'Regan J (unanimous).