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<H4><FONT face=Arial size=2>[South African court ruling]</FONT></H4>
<H4>Concourt suspends abortion legislation with 18 months</H4>
<P>The controversial Choice on Termination of Pregnancy Amendment Bill and the
Traditional Health Practitioners Bill were declared invalid by the
Constitutional Court on August 17, 2006. This follows on a challenge by Doctors
for Life International (DFL), on the constitutional validity of these Bills. DFL
argued that Parliament failed to fulfil its constitutional obligation to
facilitate public involvement with these Bills.<BR> On the
consequences of failure to comply with the duty to facilitate public
involvement, Judge Sandile Ngcobo held that the obligation to facilitate public
involvement formed a material part of the law-making process. Failure to comply
with it renders the resulting legislation invalid. He accordingly declared the
Traditional Health Practitioners Act and the Choice on Termination of Pregnancy
Amendment Act invalid, but suspended the order of invalidity for a period of 18
months to enable Parliament to enact these statutes afresh in accordance with
the provisions of the Constitution. The importance of public participation in
parliamentary and legal processes was highlighted in the judgement. A summary of
the ruling is available on the SAMA website at: <A
href="http://www.samedical.org/article.asp?pageid=16&ArticleID=1838"><FONT
color=#ff0000>http://www.samedical.org/article.asp?pageid=16&ArticleID=1838</FONT></A>
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