Smit v Minister of Justice and Correctional Services and Others

Case Number:
CCT243/19
Case Number:
CCT235/19
Citations:
[2020] ZACC 29
Citations:
2021 (3) BCLR 219 (CC)
Citations:
2021 (1) SACR 482 (CC)
Judge:
Madlanga J
Judge:
Tshiqi J (minority)
Hearing Date:
20 February 2020
Judgment Date:
18 December 2020
Case History:
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.
Judgment:
Full judgment

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