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''Kruger v President of the Republic of South Africa and Others''〔2009 (1) SA 417 (CC).〕 is an important case in South African law, heard in the Constitutional Court (CC) on 19 February 2008, with judgment handed down on 2 October. The judges were Langa CJ, O'Regan ADCJ, Madala J, Mokgoro J, Ngcobo J, Nkabinde J, Skweyiya J (who composed the majority judgment), Van Der Westhuizen J, Yacoob J, Jafta AJ and Kroon AJ. Counsel for the applicant was G. Budlender. There was no appearance for the first respondent, but Wim Trengrove SC (with A. Cockerell) appeared for the second and (with S. Budlender) for the third respondent. The applicant's attorneys were Kruger & Co.; the State Attorney represented the second respondent, while the third respondent's attorneys were Brugmans Inc. The first question was one of constitutional practice: specifically the requirements for direct access to the Constitutional Court, in order to challenge the constitutionality of legislation. For that purpose, an expanded definition was adopted of the phrase "direct and personal interest." If the party in question has a direct and personal interest (on this definition) where the legislation in question is # of direct and central importance to the field in which he or she operates; and # in interests of the administration of justice, the court will be required to determine the validity of the legislation. Central to the case was an amendment to the Road Accident Fund. The implementation of the amending legislation was to be staggered by the issuance of a presidential proclamation putting into effect certain amending sections before others. When the President executed on this requirement, however, he selected sections comprising an arbitrary assortment of both administrative and substantive amendments contained in the amending Act. His proclamation, therefore, was on face of it irrational, and the doctrine of objective invalidity rendered it void ''ab initio''. Furthermore, the proclamation issued to correct the errors in the first proclamation was also void. The court thus considered also the power of the State President to issue a proclamation correcting an error made in an earlier proclamation. Although the court found that the President was empowered to withdraw the offending proclamation, it held that he may not amend a proclamation issued in error where the original proclamation was void ''ab initio''. == Facts == Kruger, the applicant, an attorney specialising in personal injury law, approached the CC under section 172(2)(a) of the Constitution for confirmation of a High Court order declaring Proclamation R27 of 2006 (issued by President Thabo Mbeki (the first respondent) in terms of section 13 of the Road Accident Fund Amendment Act,〔Act 19 of 2005.〕 and purporting to bring into operation sections 4, 6, 10, 11 and 12 of the Amendment Act, with effect from 31 July 2006) to be "null and void and of no force and effect." Because of the alleged uncertainty created by the High Court's declaration of invalidity, the Road Accident Fund (the third respondent) sought direct access to the CC for an order declaring Proclamation R32 of 2006, issued by the President in substitution for the first proclamation, before 31 July 2006, to have brought lawfully into operation sections 1, 2, 3, 4 and 5 of the Amendment Act with effect from 31 July 2006. The second proclamation had been issued to correct a ''bona fide'' error in the first proclamation regarding which of the sections in the Amendment Act were to come into operation on 31 July, and was worded as "amending" the first proclamation. The first and second respondents objected ''in limine'' that the applicant had no ''locus standi'' to bring the application. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Kruger v President of the Republic of South Africa」の詳細全文を読む スポンサード リンク
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