Appeal for confirmation of the order of the High Court of South Africa, Western Cape Division, Cape Town
Synopsis:
Drugs and Drugs Trafficking Act 140 of 1992 — constitutionality of section 63 and Schedules — section is unconstitutional and only the amendments are unconstitutional.
Section 63 assigns plenary legislative power to the minister — Breach of doctrine of separation of powers.
Extradition Act 67 of 1962 — Constitutionality of section 5(1)(a) — section is unconstitutional.
Breach of separation of powers — lack of Magistrate discretion — Section 12 of the Constitution — insufficient safeguards to protect the right not to be deprived of freedom arbitrarily.
