Omar and Others v Minister of Law and Order and Another; Fani and Others v Minister of Law and Order and Others; State President and Others v Bill (68/87)
Omar and Others v Minister of Law and Order and Another; Fani and Others v Minister of Law and Order and Others; State President and Others v Bill (68/87) [1987] ZASCA 66; [1987] 4 All SA 556 (AD) (29 June 1987)
The Supreme Court of Appeal held that regulation 3(3), which excludes notice and hearing before further detention, is not ultra vires the Public Safety Act, 1953. The Act confers extremely wide discretionary powers on the State President to make regulations necessary or expedient for public safety and order during emergencies, including measures that may drastically curtail individual rights. The exclusion of the audi alteram partem rule is justified by the emergency context and the need to prevent disclosure of sensitive information. Regulation 3(10)(a) and rule 5(1) and (3), which restrict…
Source excerpt
- State Of Emergency
- Detention Without Trial
- Audi Alteram Partem
- Ultra Vires
- Access To Legal Representative