IOS2601 Assignment 1 Semester 1 2023

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Nourse v Van Heerden 1999 - -Application of Section 12(2) of the Interpretation Act - this is a transitional provision - in 1992 a Doctor accused of abortion (in terms of the Abortion and Sterilizatio... n Act 2 of 1975 - during his trial 1992 - 1997 - the law changed- and abortion ceased to be illegal - Application for charges to be dropped denied. COURT found that legislation could not be abrogated by disuse and had to be repealed by a competent legislature. Existing legislature remained in force until repealed or declared unconstitutional. The Trial Started before Abortion act repealed and had to be completed as if it had not been appealed. FURTHER the trial started before the interim constitution as well so it had to be completed in term of the law at the time of the start of the trial -Legislation is not automatically unconstitutional. The abortion act was never declared unconstitutional by any court of Law [Show More]

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