SECTION27’s written submission to Parliament on the State Liability Amendment Bill [B 2–2001]
SECTION27 recently made a written submission to Parliament on the State Liability Amendment Bill [B 2–2001]. In short, SECTION27 supports how the Bill seeks to regulate the manner in which a final court order sounding in money against the state must be satisfied – it sees the Bill as being squarely in line with the decisions of the Constitutional Court in Nyathi v MEC for Department of Health, Gauteng and Another [2008] ZACC 8 (“Nyathi 1”) and Minister for Justice and Constitutional Development v Nyathi [2009] ZACC 29 (“Nyathi 2”) dealing with the unconstitutionality of section 3 of the State Liability Act 20 of 1957 and how it is to be remedied.