Another Act Ruled Unconstitutional

Farrel — Thu, 17 Aug 2006 13:49:00 -0500

The Choice on the Termination of Pregnancy (CTOP) Amendment Act and the Traditional Health Practitioners (THP) Act were both ruled unconstitutional today. The acts were challenged by anti-abortion group Doctors for Life.

There wasn’t anything blatantly unconstitutional in the acts themselves but they were challenged because the NCOP (the even more powerless sibling to the National Assembly) did not hold public hearings into the acts despite previously scheduling to do so.

Justice Ngcobo rightly stated:

When it comes to establishing legislative timetables, the temptation to cut down on public involvement must be resisted.

The timetable must be subordinated to the rights guaranteed in the Constitution, and not the rights to the timetable.

So due to someone in the NCOP deciding to cut a few corners and ram an act through the proper procedures, it’s now being declared unconstitutional. I hope whichever MP it was they get their pay docked for everyone’s wasted time.

Update: Yet another government ruling rammed through parliament ruled unconstitutional.

Politics.za: Another Act Ruled Unconstitutional

Another Act Ruled Unconstitutional