n Without Prejudice - Independence of the NPA - the devil in the detail : the law

Volume 12, Issue 7
  • ISSN : 1681-178X



The Supreme Court of Appeal, in [2011] ZASCA 241, deliberately ignored the difference in wording throughout the Chapters, which is very specific and designed to achieve a deliberate purpose. In doing so, it committed a fallacy by using perfectly valid premises to arrive at a somewhat incoherent, incongruent and thus invalid conclusion. This is that the silence of Constitution means the courts, the executive and the legislature must ignore the letter of the Constitution and rather paint all state institutions, established in terms of the Constitution, with the same "" brush because the general theme selectively supports the moral inclination that independence must be read in.

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