CCT27/00

[2000] ZACC 22

2001 (1) SA 883 (CC)

2001 (1) BCLR 77 (CC)

Chaskalson P

7 September 2000

28 November 2000

http://hdl.handle.net/20.500.12144/2102

Appeal from a decision of the High Court in The South African Association of Personal Injury Lawyers v Heath and Others 2000 (10) BCLR 1131 (T) in which the Court refused to declare s 3(1) of Act 74 of 1996, Proclamation R31 of 1999 and Proclamation R24 of 1997 unconstitutional. Appeal upheld.

Challenge to the constitutionality of section 3(1) of Act 74 of 1996 and proclamation R24 of 1997 appointing a High Court judge as head of a Special Unit investigating corruption. Appointment found (per Chaskalson P) to be in conflict with the constitutional requirement of separation of powers between the executive and the judiciary and declared invalid. Order of invalidity suspended for one year. A further challenge to the constitutionality of proclamation R31 of 1999 instituting an investigation into the activities of personal injury lawyers in connection with Road Accident Fund claims was also successful on the basis that the proclamation violated the principle of legality. The proclamation was declared invalid from the date of judgment.