Minister of Social Development and Others, Ex Parte (CCT14/06) [2006] ZACC 3; 2006 (4) SA 309 (CC); 2006 (5) BCLR 604 (CC) (9 March 2006)

Minister of Social Development and Others, Ex Parte (CCT14/06) [2006] ZACC 3; 2006 (4) SA 309 (CC); 2006 (5) BCLR 604 (CC) (9 March 2006)

The Constitutional Court held that it does not have the power to retrospectively extend the suspension of an order of constitutional invalidity once the suspension period has expired. The applicants' calculation of the expiry date was incorrect; the suspension ended at midnight on 5 March 2006, and the application...

Source-derived case information.

Citation
[2006] ZACC 3
Parties
Applicant: Minister of Social Development; Applicant: MEC for Social Development of the Eastern Cape Province; Applicant: MEC for Social Services and Population Development of KwaZulu-Natal; Applicant: MEC for Social Services and Population Development of Gauteng; Applicant: MEC for Social Services and Poverty Alleviation of the Western Cape Province; Applicant: MEC for Social Services and Population Development of the Northern Cape Province; Applicant: MEC for Health and Welfare of Limpopo Province; Applicant: MEC for Health and Welfare of North West Province; Applicant: MEC for Health and Welfare of Free State Province; Applicant: MEC for Health and Welfare of Mpumalanga
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
9 March 2006
Case Number
CCT14/06
Procedural Posture
Urgent Application / Ex Parte Application for Extension of Suspension of Invalidity Order
Outcome
Application dismissed.
Judges
Van der Westhuizen, Langa, Moseneke, Madala, Mokgoro, Nkabinde, O'Regan, Sachs, Skweyiya, Yacoob, Ngcobo
Legal Topics
Suspension of Invalidity, Section 172 Constitution, Finality of Judgments, Urgent Applications, Social Assistance Rights
Constitutional Law Civil Procedure Suspension of Invalidity Section 172 Constitution Finality of Judgments Urgent Applications Social Assistance Rights

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Parties

Minister of Social Development

Applicant

MEC for Social Development of the Eastern Cape Province

Applicant

MEC for Social Services and Population Development of KwaZulu-Natal

Applicant

MEC for Social Services and Population Development of Gauteng

Applicant

MEC for Social Services and Poverty Alleviation of the Western Cape Province

Applicant

MEC for Social Services and Population Development of the Northern Cape Province

Applicant

MEC for Health and Welfare of Limpopo Province

Applicant

MEC for Health and Welfare of North West Province

Applicant

MEC for Health and Welfare of Free State Province

Applicant

MEC for Health and Welfare of Mpumalanga

Applicant

Procedural Posture

Urgent Application / Ex Parte Application for Extension of Suspension of Invalidity Order

Legal Issues

  1. 1 Whether the Constitutional Court has the power to retrospectively extend the suspension of an order of constitutional invalidity after the suspension period has expired.
  2. 2 Whether the applicants' conduct and explanation for delay justify the urgent application for extension.
  3. 3 Whether the application should have been brought ex parte without notice to the original applicant.

Ratio Decidendi

The Constitutional Court held that it does not have the power to retrospectively extend the suspension of an order of constitutional invalidity once the suspension period has expired. The applicants' calculation of the expiry date was incorrect; the suspension ended at midnight on 5 March 2006, and the application was brought too late. The Court reaffirmed that its powers under section 172(1)(b)(ii) are limited to making just and equitable orders during the suspension period, not after its expiry. Reviving invalid legislation would violate the principles of finality and separation of powers. The applicants' explanation for delay was inadequate, and their conduct created their own urgency....

Court Disposition

Application dismissed.

Orders

  • The application for extension of the suspension of the order of invalidity is dismissed.