August 17, 2006
Doctors For Life Wins Landmark Judgment In Constitutional Court

Embargo: Immediate release
Enquiries: John Smyth, QC
Cell: +27 83 653 8804
Date: 17 August 2006

Court Strikes Down Abortion Amendment Act And Traditional Health Practitioners Act Suspending Order For 18 Months

By majority of 8 to 3 the Constitutional Court upheld Doctors for Life's application alleging that the NCOP and the Nine Provinces had failed to provide "a meaningful opportunity" for the public to participate in the Democratic Process of passing the Bills.

DFL, who were represented by attorneys Janse van Rensburg, Strydom & Botha Inc and by advocate Kemp J Kemp SC, were awarded 60% of their costs against Parliament.

This the first time that DFL have succeeded in a case brought in their own name before the Courts of South Africa and they are particularly gratified that the Court upheld their right to go direct to the Constitutional Court and agreed with their submissions that Parliament had been in breach of the constitutional obligation to facilitate public involvement in the legislative process.

The case will be of great importance to Parliament in respect of all legislation, not merely health bills, because the highest Court in the land has now made it clear beyond any doubt that Parliament must not cut corners but provide sufficient time and opportunity for citizens throughout the country to have their say in respect of all bills passing through Parliament.

DFL are primarily a humanitarian organization engaged in providing for HIV/Aids orphans, prostitutes and other needy persons. They have no funds available for legal work. The attorneys and advocates who assist DFL in their cases work on a pro bono or contingency fee basis. We are immensely grateful to them.

For more information visit www.doctorsforlifeinternational.com

Further Reading:

DFL's stance on abortion: statistics, literiture, press releases etc
Other Court Cases where DFL is involved
Other Issues