Legal Department
The Legal Department’s task is to convey the correct perspective in relation to medical ethical issues. This is done by means of involvement in court actions and submissions to Parliament and other forums where such issues are being discussed. Drawing from various legal counsel and international experts on the respective issues/fields, DFL ensures the highest standards of advice to members and society.
Legal Team – Shadrack Mafutsa, Martus de Wet, Adv Kemp SC, Dr Van Eeden and John Smyth QC,
Current Actions And Activities
Doctors For Life International v Speaker of National Assembly and others:
In February 2005 DFL made direct application to the Constitutional Court seeking to strike down among others the recent Choice of Termination of Pregnancy Amendment Act (CTOP Amendment) and the Traditional Health Practitioners Act (THPA). The basis for the action is that Parliament had failed in its duty under the Constitution to ‘facilitate public involvement’. In August 2006 the Constitutional Court ruled in an 8-3 Judgment that the both the CTOP Amendment and the THPA is unconstitutional. The order was suspended for 18 months, during which the National Council of Provinces may re-enact the said statutes after “meaningful public participation” was facilitated.
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