Minister of Justice v Ntuli

Section 309(4)(a) of the Criminal Procedure Act 51 of 1977 prohibited imprisoned persons convicted in lower courts from prosecuting appeals in person without judicial certification. In S v Ntuli (1996), the Constitutional Court declared this provision unconstitutional for violating the right of appeal and equality, but suspended the declaration of invalidity for approximately 17 months to allow Parliament to remedy the defect. Shortly before the suspension period expired, the Minister of Justice applied to the Constitutional Court for an extension of the suspension period, citing delays in legislative reform. The application was procedurally defective, brought urgently and out of term, and followed significant unexplained delays within the Department of Justice in responding to the Court’s earlier order.

The application for an extension of the suspension of the declaration of invalidity of section 309(4)(a) of the Criminal Procedure Act was dismissed. The declaration of invalidity took effect as originally ordered.

This case underscores the importance of compliance by the executive and legislature with Constitutional Court orders and affirms the principle of finality in constitutional adjudication. It highlights that suspended declarations of invalidity are exceptional and that extensions will not be granted lightly, especially where fundamental rights are at stake and delays are attributable to government inaction.