Christian Lawyers Association v Minister of Health

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Christian Lawyers Association v Minister of Health
Palace of Justice, Church Square, pretoria.JPG
Court Transvaal Provincial Division
Full case name Christian Lawyers Association of SA and Others v Minister of Health and Others
Decided 10 July 1998 (1998-07-10)
Citation(s) 1998 (11) BCLR 1434 (T), 1998 (4) SA 1113 (T)
Court membership
Judge sitting McCreath J

Christian Lawyers Association v Minister of Health is a case in which the Transvaal Provincial Division of the High Court of South Africa ruled on the constitutionality of the Choice on Termination of Pregnancy Act, the law which governs abortion in South Africa. The Christian Lawyers Association claimed that abortion violates section 11 of the Constitution, which provides that "Everyone has the right to life." The government noted an exception (a demurrer) on the grounds that constitutional rights do not apply to fetuses and that there was therefore no case to answer. The court accepted the government's argument and the case was dismissed.


  • Currie, Iain; de Waal, Johan (2005). The Bill of Rights Handbook (5th ed.). Cape Town: Juta & Company Ltd. pp. 288–289. ISBN 9780702159237.