Friday, August 18, 2006

Laws declared invalid

By Tarryn Le Chat

A legal amendment allowing nurses to perform abortions and the Traditional Health Practitioners Act has been declared invalid by the Constitutional Court because the public was not given sufficient opportunity to have its say.

According to the Cape Times, the ruling has been given by Justice Sandile Ngcobo and seven other judges in a 117-page judgement. Justices Zak Yacoob and Johann van der Westhuizen held opposing views.

According to the report, the invalidity order has been suspended for 18 months to enable parliament to fulfil its constitutional duty to allow sufficient public participation.

The organisation held that, contrary to the Constitution, the National Council of Provinces did not allow sufficient public involvement in passing the bills.


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