Minister of Finance v Sakeliga NPC (previously known as Afribusiness NPC) and Others

The Minister of Finance sought urgent direct access to the Constitutional Court to vary its earlier order dismissing his appeal in the Afribusiness matter. In that earlier case, the Supreme Court of Appeal (SCA) had declared the Preferential Procurement Regulations, 2017 invalid, suspending the declaration of invalidity for 12 months. The Constitutional Court dismissed the Minister’s appeal against the SCA judgment. The Minister contended that the Constitutional Court’s dismissal order was ambiguous due to a footnote in a minority judgment suggesting that the 12-month suspension period had already expired. He argued that this alleged ambiguity caused uncertainty regarding when the suspension period ran, especially in light of section 18(1) of the Superior Courts Act, and sought a variation or declaratory relief to clarify the position.

The application for variation or alternative declaratory relief was dismissed with costs, including the costs of two counsel.

The case is significant for clarifying that minority judgments cannot create ambiguity in majority orders and for reaffirming the operation of section 18(1) of the Superior Courts Act in suspending the execution and operation of judgments pending appeal. It underscores that court orders must be interpreted in light of applicable statutory and common law principles, not in isolation.