The MPAB is open to 8 Regulations 29(6) permits a member of the Board to examine an applicant for medical parole, a decision of the majority of the Board shall be the decision of the board Regulation 29(6). [...] 21 decision taken by Head of Education Department to appoint a candidate other than that recommended by the school governing body as the applicable legislation, section 6(3)(a) of the Employment of Educators Act 76 of 1998 provided that any appointment, promotion or transfer of an educator by the Head of the department to post at the public school may only be made on the recommendation of the gove. [...] [80] The aim of the interpretation of the statute is to discover the intention of the Legislature by examining the language used in its general context.29 Section 79(1) reads, "Any sentenced offender may be considered for placement on medical Parole by the National Commissioner, the Correctional Supervision and Parole Board or the Minister, as the case may be… [81] Section 79 applies irrespective. [...] [92] In determining the length of sentence to be imposed on the Third Respondent, the Constitutional Court held that it was enjoined to consider the circumstances, the nature of the breach; and the extent to which the breach was ongoing. [...] [94] The Commissioner has unlawfully mitigated the punishment imposed by the Constitutional Court, thereby rendering the Constitutional order ineffective, which undermines the respect for the courts, for the rule of law and for the Constitution itself.
- Pages
- 34
- Published in
- South Africa
