Harksen v Lane NO and Others

Case Number:
CCT9/97
Citations:
[1997] ZACC 12
Citations:
1997 (11) BCLR 1489 (CC)
Citations:
1998 (1) SA 300 (CC)
Judge:
Goldstone J Majority judgment
Judge:
O'Regan J dissenting judgment
Judge:
Sachs J dissenting judgment
Hearing Date:
26 August 1997
Judgment Date:
7 October 1997
Case History:
Adjudication of a referral by the High Court in Harksen v Lane and Others (CPD, Case No 16552/96, unreported) to the Constitutional Court, regarding the constitutionality of certain sections of Act 24 of 1936, declaration of constitutional validity.
Synopsis:
Application for declaration of constitutional invalidity of section 21 and parts of sections 64(2) and 65(1) of the Insolvency Act, 1936, on the basis of property and equality. Referred by Cape of Good Hope Provincial High Court. Majority (written by Goldstone J) held that legislation not unconstitutional. Dissents by O'Regan J and Sachs J.
Judgment:
Full judgment

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