CCT13/97

[1998] ZACC 10

1998 (4) SA 1127 (CC)

1998 (7) BCLR 880 (CC)

Sachs J Majority judgment

Chaskalson P separate judgment

24 February 1998

29 May 1998

http://hdl.handle.net/20.500.12144/2042

Application for leave to appeal agaist the decision of the High Court in Mistry v Interim National Medical and Dental Council of South Africa and Others 1997 (7) BCLR 933 (D), the merits of the appeal being heard simultaneously and a referral to the Constitutional Court regarding the constitutional validity of section 28(1) of Act 101 of 1965, application for leave to appeal granted, appeal dismissed, section 28(1) declared unconstitutional.

Right to privacy. Challenge to the search and seizure powers given to inspectors by section 28(1) of the Medicines and Related Substances Control Act 101 of 1965 on basis that the provision is inconsistent with section 13 of the interim Constitution. Unanimous judgment by Sachs J and separate concurring judgment by Chaskalson P on procedural matters.