CCT57/07

[2008] ZACC 17

2009 (1) SA 417 (CC)

2009 (3) BCLR 268 (CC)

Skweyiya J Majority judgment

Jafta AJ dissenting judgment

Yacoob J dissenting judgment

2 October 2008

http://hdl.handle.net/20.500.12144/3389

Application to the CC for confirmation of the Pretoria High Court's declaration of invalidity in respect of the first Proclamation, the order was dated 14 June 2007. Also application for direct access to the CC by the Road Accident Fund to obtain certainty about the status of a second Proclamation.

Matter concerned the constitutionality of Presidential Proclamations R27 and R32 designed to bring into force certain sections of the Road Accident Fund Amendment Act 19 of 2005 into operation. Majority found both Proclamations invalid, but provided for a just and equitable order to permit the President to bring the correct sections of the Amendment Act into force within 30 days of the issuing of the Court?s order, which would operate retrospectively from the date of the issuing of Proclamation R27. Majority: Skweyiya J (Langa CJ, Nkabinde J, O?Regan J, Mokgoro J, Kroon AJ, Madala J, Van der Westhuizen J) Dissents: Jafta AJ; Yacoob J