procedure followed by Parliament to facilitate
public involvement and to decide whether the
lawmaking process affecting veterinarians was
reasonable. Did Parliament discuss the licensing
provision with the veterinarians and the South
African Veterinary Council, the guardians of the
profession, before deciding to licence veterinarians
to compound and dispense medicines? In this
respect, SAVA believes that Parliament did not fulfil
its constitutional obligation during this process and
that is why it is asking the ConCourt to intervene.
Only the ConCourt can come to SAVA’s aid as
explained.
If the ConCourt finds that the lawmaker did not
follow the correct procedure, it must declare the
law invalid to the extent of its irregularity. The
ConCourt has several options when deciding what
to do. The ConCourt may declare the law invalid
but may suspend its declaration of invalidity
to allow the government to fix the error.
This course will oblige the government
to follow the proper processes including
consulting the public. It can also strike the
word “veterinarian“ from the statute and
so reinstate the law as it was before the
amendment.
SAVA’s application to the
ConCourt
SAVA has finalised its application to approach
the ConCourt and will serve its papers on
the relevant Ministers and Speakers of
Parliament and the nine Provinces shortly.
SAVA will update its members of the progress
of the application.
Enquiries:
Mr Gert Steyn
[email protected]