MOKGORO J
neither of these was done, the respondents contended that the High Court
decision infringed the doctrine of separation of powers and therefore ought not
to be confirmed by this Court. They further argued that even if the decision did
not infringe the separation of powers, this Court should not confirm the order
of the High Court as the relevant statistical and financial information had not
been before it at the time of hearing the application.
[18] The respondents had the opportunity to place evidence before the High
Court and cannot be heard to say that it was the duty of the High Court to call
for evidence before declaring the impugned legislation unconstitutional. It was
the respondents who were to be blamed for the failure to place relevant
information and argument before the High Court which explained the reasons
for the disputed provisions and the purpose they were intended to serve.
[19] Any challenge to legislation, whether national, provincial or local, is
important. National legislation does not belong to a particular Minister or
Department.
It is the collective expressed will of Parliament.
Declaring
legislation invalid can have grave implications for our constitutional
jurisprudence and, in some cases, far-reaching practical effects.11 Even in
those cases where the view is taken that there is nothing to be said in support of
challenged legislation, a court, in order to exercise the due care required of it
11
Id
13