Embargo: Immediate Release DOCTORS FOR LIFE’s case in the Constitutional Court against the Speaker of Parliament and the Chairman of the National Council of Provinces 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 be heard: On TUESDAY 23 AUGUST at 1000 hours Adv J K Kemp,SC appears for Doctors for Life DFL allege that Parliament fell foul of section 72(1)a in the Constitution because they failed to provide any opportunity for the public to make submissions in respect of the Bills when they were considered by the Provinces and in the upper House of Parliament, the NCOP. DFL have laid before the Court abundant material taken from the Parliamentary Monitoring Group web-site and other sources which shows that over and over again members of Parliament and provincial secretaries complained about the lack of opportunity to involve the public because the Bills were placed on a strict four-week cycle so that they could be finalised by the end of the year. DFL wrote to the NCOP chairman and received no satisfactory response. DFL seeks a declaration that the Constitution was not complied with and a further order striking down the Acts/Bills. In an earlier case the Court made it clear that the Constitution is supreme and it is not sufficient for Parliament to act in good faith.
Court Cases |