CCT31/96

[1997] ZACC 1

1997 (2) SA 261 (CC)

1997 (2) BCLR 153 (CC)

Mahomed DP

12 September 1996

5 February 1997

http://hdl.handle.net/20.500.12144/2016

Adjudication of the referral of a constitutional issue by the High Court in Fraser v Children's Court, Pretoria North, and Others 1997 (2) SA 218 (T).

Constitutionality of s 18(4)(d) of the Child Care Act which dispensed with the need to obtain consent of father of illegitimate child challenged. Section inconsistent with s 8 of interim Constitution. Order in terms of 98(5): Parliament required to remedy defect within period of two years. Unanimous judgment by Mahomed DP.