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dc.date.accessioned 2017-04-08T17:03:58Z
dc.date.available 2017-04-08T17:03:58Z
dc.date.created 2005-06-17 en
dc.identifier.citation 2006 (6) SA 416 (CC)
dc.identifier.citation 2006 (12) BCLR 1399 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2265
dc.title Doctors for Life International v Speaker of the National Assembly and Others en
dc.title.alternative CCT12/05 en
dc.identifier.casenumber CCT12/05 en
dc.contributor.judge Ngcobo J Majority judgment
dc.contributor.judge Sachs J separate judgment
dc.contributor.judge Van der Westhuizen J dissenting judgment Yacoob J dissenting judgment
dc.date.judgment 17 August 2006
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2265/Full%20judgment%20%281.05%20MB%29-7605.pdf?sequence=22&isAllowed=y
dc.concourt.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).


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