Parliament on Saturday said it has taken note of Constitutional Court rulings this week relating to the Abortion Amendment Act and the cross-boundary municipalities law, among others.
”It is our opinion that the two judgements are of critical importance to the legislative procedures of Parliament. And, as such, it is necessary to study them in detail,” Speaker of Parliament Baleka Mbete said in a joint statement with the National Council of Provinces.
”Whilst this is being done, we would like to reiterate the fact that Parliament is committed to upholding the Constitution and placing the people at the centre of its activities.
”In considering the constitutional obligation to facilitate public involvement in legislative processes in matters concerned, the court stated that Parliament and others have a broad discretion to determine how best to fulfil this obligation.
”This will often require Parliament and the provincial legislatures to provide citizens with the meaningful opportunity to be heard in the making of laws,” she said.
The statement came after the Constitutional Court declared the Abortion Amendment Act and the Traditional Health Practitioners Act invalid on Thursday.
In its judgement, the court said Parliament had failed in its obligation to allow reasonable and sufficient public participation before the Bills were promulgated and enacted.
The challenge was led by Doctors for Life International.
On Friday, the Constitution Twelfth Amendment Act and the Cross-Boundary Municipalities Law Repeal and Related Matters Act were also declared invalid.
Judge Sandile Ngcobo said in his judgement that the part of the Twelfth Amendment Act that altered the boundaries of KwaZulu-Natal was invalid because it was not adopted in a manner consistent with the Constitution. The repeals Act was invalid for the same reasons.
Although the Eastern Cape held public hearings on the matter of Matatiele being incorporated into the Eastern Cape, KwaZulu-Natal did not.
Ngcobo said there had therefore not been sufficient public participation in the legislative process, which was inconsistent with the Constitution. — Sapa