The Constitutional Court's Ruling

Issued by National Department of Health

17 August 2006

The Department of Health takes note of the Constitutional Court judgement of 17 August 2006 in the matter between Doctors for Life v/s the National Assembly, NCOP and the Department of Health.

The Department wishes to clarify the following points on the court ruling that:

• The Constitutional Court judgement does not apply to the existing Choice on Termination of Pregnancy Act, 92 of 1996 as the Act still applies in its totality.
• Instead it is the 2004 Amendment to this Act that has been declared unconstitutional.
• The unconstitutionality of the two Acts does not relate to the content or substance thereof but the parliamentary processes

The Department notes from the judgement that the court did not find the provisions of the said Acts unconstitutional but rather pointed specifically to the legislative process that was followed by Parliament in passing the two Acts. The court ruled that "the National Council of Provinces (NCOP) did not comply with its obligation to facilitate public involvement as contemplated by section 72 (1) (a) of the Constitution".

The Department further accepts the decision of the court to grant Parliament 18 months within which to make ratifications on the two Acts in accordance with the provisions of the Constitution insofar as public participation is concerned. The Department trusts that the due process will indeed be effected by all relevant stakeholders and the end product of the two Acts will be a true reflection of the will of the people of this country.

Further information on the legislative process followed in passing the said Acts can be obtained from Parliament.

Enquiries: Solly Mabotha
083 678 9860