Synopsis:
Right to freedom and security of the person. Application for confirmation of order, made by the Cape of Good Hope High Court, of constitutional invalidity of section 66(3) of the Insolvency Act 24 of 1936 which authorizes a person presiding over a creditors' meeting to imprison a recalcitrant witness. The High Court order confirmed only to the extent that section 66(3) of the Insolvency Act is unconstitutional in so far as it authorizes a presiding officer who is not a magistrate to commit a recalcitrant witness to prison. Majority judgment by Ackermann J. Separate concurring judgment by Sachs J. Dissent by Didcott J, concurred in by Kriegler J. Partial dissents by O'Regan J and Mokgoro J.
