CCT26/01

2001] ZACC 4

2001 (11) BCLR 1175 (CC)

Skweyiya AJ

20 September 2001

8 October 2001

http://hdl.handle.net/20.500.12144/2142

Bertelsmann J in the Transvaal High Court declared s 68(4) of the Mental Health Act 18 of 1973 to be invalid. Applicant now asks the Constitutional Court to confirm the High Court order under s 172 of the Constitution.

Referral for confirmation from Transvaal High Court. Constitutional invalidity of section 68(4) of the Mental Health Act 18 of 1973 confirmed. Section 68(4) limits to three months the period within which legal proceedings may be instituted against any person in respect of any act performed under any provision of the Act. The limitation of three months period constitutes a material limitation of right of access to Court guaranteed in section 34 of the Constitution. Skweyiya AJ for unanimous Court.