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The applicant’s complaint is that during the legislative process leading to the enactment of these statutes, the NCOP and the provincial legislatures did not comply with their constitutional obligations to facilitate public involvement in their legislative processes as required by the provisions of sections 72(1)(a) and 118(1)(a) of the Constitution, respectively. That process, the applicant maintains, complied with section 59(1)(a) of the Constitution.They were tasty, but virtually no change from day to day. They had no information on us, but did work with us, so we had a room for 2 days.The hotel is undergoing extensive remodeling thru next Spring, so there is construction noise during the day. Stonehill Hotel & Suites offers accommodations in Eastlake. Every room has a flat-screen TV with cable channels. For your comfort, you will find free toiletries and a hairdryer. Cleveland is 16 miles from Stonehill Hotel & Suites, and Brooklyn is 21 miles away.The first of these propositions, namely, that the provisions of section 72(1)(a) impose an obligation, is correct. It is plain from the wording of section 72(1)(a) that it imposes an obligation to facilitate public involvement.Considering the provisions of section 59(1)(a), the National Assembly equivalent of section 72(1)(a), the Supreme Court of Appeal in King and Others v Attorneys Fidelity Fund Board of Control and Another, This holding is plainly correct.They also take issue with the scope of the duty to facilitate public involvement as asserted by the applicant. This raised the question of the competence of this Court to intervene in the legislative process.
While conceding that the duty to facilitate public involvement requires public participation in the law-making process, they contend that what is required is the opportunity to make either written or oral submissions at some point in the national legislative process. It alleges that this Court is the only court that has jurisdiction over the present dispute because it is one which concerns the question whether Parliament has fulfilled its constitutional obligations. Given the importance of this question, the Chief Justice placed it squarely on our agenda by issuing directions.
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(e) If the process followed by the NCOP and the provincial legislatures fell short of that required by the Constitution, what is the appropriate relief?
Whether the applicant is entitled to come directly to this Court in regard to its complaint against the NCOP depends on whether that complaint falls under section 167(4)(e) of the Constitution.
The constitutional challenge was initially directed at the Speaker of the National Assembly and the Chairperson of the NCOP only. When the applicant launched the present proceedings it was under the mistaken belief that all the health legislation was still in bill form.