MOKGORO J
matter and had made an order of invalidity. The matter was thus properly
before this Court.
[24]
Public interest dictates that there should be certainty as to the
constitutionality of legislation, and the operation of an order of constitutional
invalidity, a matter which falls squarely within the jurisdiction of this Court,
should therefore not be held in abeyance for longer than is necessary.17 Here
this concern was heightened by the fact that the applicants are indigent persons
who find themselves in dire circumstances. There was therefore a need to
bring these proceedings to a close. Remitting the matter back to the High Court
would only have caused undue delay, contrary to the interests of justice.
[25] This Court required further information to enable it to discharge its
constitutional duty, and it was in the interests of justice that such information
be placed before it. In the circumstances, the most appropriate way of dealing
with the situation was to require the respondents to place the necessary
information before this Court expeditiously. For these reasons, the matter was
postponed. The Court considered it appropriate to make a special order of
costs against the respondents and made the following order:
“1. The hearing in this matter is postponed until 09:00 on 30 May 2003.
17
Janse van Rensburg NO and Another v Minister of Trade and Industry and Another NNO 2001 (1)
SA 29 (CC); 2000 (11) BCLR 1235 (CC) at para 5. See also President, Ordinary Court Martial and
Others v Freedom of Expression Institute and Others 1999 (4) SA 682 (CC); 1999 (11) BCLR 1219
(CC) at para 14.
16