[Apologetics] Court suspends abortion legislation with 18 months

[Stephen Korsman]

[South African court ruling]
Concourt suspends abortion legislation with 18 months
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.
  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: http://www.samedical.org/article.asp?pageid=16&ArticleID=1838 
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