Attorney-General for Eastern Cape v Blom and Others (83/88)
Attorney-General for Eastern Cape v Blom and Others (83/88) [1988] ZASCA 83; [1988] 2 All SA 592 (A) (30 August 1988)
The Supreme Court of Appeal held that the audi alteram partem principle applies to the Attorney-General's decision to prohibit bail under section 30(1) of the Internal Security Act, as such a decision prejudicially affects the liberty of the individual. The Court found no clear indication in the statute, either express or by necessary implication, that Parliament intended to exclude the right to be heard. Arguments based on impracticality, state security, and preventive justice were rejected, as the principle could be observed without compromising these interests, and partial application was…
Source excerpt
- Audi Alteram Partem
- Internal Security Act
- Bail Prohibition
- Natural Justice
- Judicial Discretion
- Costs Award