Synopsis:
Application challenging the constitutional validity of four health related Bills on the basis that Parliament failed to fulfill its constitutional obligation to facilitate public involvement when passing the Bills. Ngcobo J writing for the majority held that the obligation to facilitate public involvement is a material part of the law-making process and failure to comply with it renders the resulting legislation invalid. He accordingly declared the Traditional Health Practitioners Act and the Choice on Termination of Pregnancy Amendment Act invalid, but suspended the order of invalidity for eighteen months. The Court did not consider the Sterilisation Amendment Bill as it was still in Bill format. He also held that Parliament had not acted unreasonably in facilitating public participation in terms of the Dental Technicians Amendment Act as there had been no public interest. Yacoob J dissented (Skweyiya J concurring), van der Westhuizen J (wrote concurring dissent in separate judgment).
