CCT41/95

[1996] ZACC 20

1996 (12) BCLR 1559 (CC)

1997 (1) SA 124 (CC)

Didcott J

21 November 1995

26 September 1996

http://hdl.handle.net/20.500.12144/2003

Adjudication of a referral to the Constitutional Court by the High Court regarding the constitutionality of s 113(1) of Act 44 of 1957, s 113(1) declared unconstitutional.

Section 113(1) of the Defence Act 44 of 1957, which requires a plaintiff to institute action versus the state within six months and requires plaintiff to give written notice thereof at least one month before commencement of action, held in breach of s22 of the Constitution and invalid. Maj: Didcott J (unanimous).