oa De Rebus - Attorneys-General: Does section 179 of the final Constitution comply with the constitutional principles

Volume 1997, Issue 352
  • ISSN : 0250-0329



The following objection to clause 179 of the draft Constitution was forwarded to the Constitutional Court pursuant to the invitation to the public to submit objections on the basis that the draft does not comply with one or more of the constitutional principles contained in Schedule 4 of the interim Constitution: 'Clause 179 provides inter alia for a national Attorney-General, who will in effect be under the control of the executive. These provisions do not ensure ""equality of all before the law and an equitable legal process"", as is required by Principle V. The provisions of clause 179 as a whole, providing for a national prosecution policy and intervention by the National Director of Public Prosecutions, enables selective prosecutions in contravention of the spirit of Principle V and, possibly, that of Principle VI (separation of powers).

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