MOKGORO J
[35]
An offer to settle the dispute made by one litigant to the other, even if
accepted, cannot cure the ensuing legal uncertainty or dispose of the
confirmation proceedings. Even if the applicants had accepted the offer it
would have settled the dispute only between these litigants. The impact of the
settlement would have been too limited and would not resolve the
unconstitutionality of the impugned provisions and the impact that they have on
the broader group of permanent residents who qualify in all other respects for
social grants. An important purpose of confirmation proceedings is to ensure
legal certainty.39 If parties were permitted to reach agreements that would
remove this Court’s power to hear confirmation proceedings in relation to an
order of invalidity, that purpose would be defeated.
Standing
[36]
In the High Court the applicants brought their application under section
38(a)-(e) of the Constitution.40
They claimed standing in their private
capacities, on behalf of their children and on behalf of permanent residents who
cannot act in their own names, and in the interest of classes of permanent
residents and children affected by the impugned legislation. The applicants
also claimed to act in the public interest. However, before this Court, the
39
President, Ordinary Court Martial above n 17 at para 14.
40
Section 38(a)-(e) of the Constitution entitles the following persons to approach a competent Court
for the enforcement of rights contained in the Bill of Rights:
“(a) anyone acting in their own interest;
(b) anyone acting on behalf of another person who cannot act in their own name;
(c) anyone acting as a member of, or in the interest of, a group or class of persons;
(d) anyone acting in the public interest; and
(e) an association acting in the interest of its members.”
24
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