February 20, 2006 DOCTORS FOR LIFE INTERNATIONAL CHALLENGES PARLIAMENT IN THE CONSTITUTIONAL COURT IN RESPECT OF THE NEW ABORTION ACT
Immediate Circulation: 20 February 2006
Enquiries: John Smyth QC Legal Adviser Cell +27 83-653-8804
The full and final hearing of DOCTORS FOR LIFE’s case in the Constitutional Court against the Speaker of Parliament, the Chairman of the National Council of Provinces, the Minister of Health and the Nine Provincial Speakers alleging that Parliament failed to comply with the Constitution when it passed four Health Bills at the end of 2004 including the new Abortion Act will take place:
On TUESDAY 21 February at 1000 hours
In the Constitutional Court, Johannesburg
Adv Kemp J. Kemp,SC appears for Doctors for Life
Adv Norman Arendse,SC and Adv Thabani Masuku appear for Parliament.
DFL alleges that the requirements of the Constitution were not complied with when these Acts were passed. Parliament failed to provide any opportunity for the public to make submissions in respect of the Bills when they were considered by the NCOP and the Provinces
After a preliminary hearing in August 2005, the Court ordered that the Speakers of all nine Provincial Parliaments be joined in the suit and provide affidavits explaining their actions.
DFL seeks a declaration that the Constitution was not complied with and a further order striking down the Acts.
In earlier cases the Court has made it clear that the Constitution is supreme and even Parliament must comply with it.