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dc.date.accessioned 2017-04-08T16:59:40Z
dc.date.available 2017-04-08T16:59:40Z
dc.date.created 2004-10-15 en
dc.identifier.citation [2000] ZACC 22
dc.identifier.citation 2001 (1) SA 883 (CC)
dc.identifier.citation 2001 (1) BCLR 77 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2102
dc.title South African Association of Personal Injury Lawyers v Heath and Others en
dc.title.alternative CCT27/00 en
dc.identifier.casenumber CCT27/00 en
dc.date.hearing 7 September 2000
dc.contributor.judge Chaskalson P
dc.date.judgment 28 November 2000
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2102/Full%20judgment%20%28375%20Kb%29-1852.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis 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.
dc.concourt.casehistory 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.


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