Minister of Justice and Correctional Services v Ramuhovhi and Others

In Ramuhovhi I, the Constitutional Court declared section 7(1) of the Recognition of Customary Marriages Act 120 of 1998 unconstitutional for unjustifiably limiting dignity and equality rights, particularly of women in pre-Act polygamous customary marriages. The declaration of invalidity was suspended for 24 months to allow Parliament to remedy the defect, with an interim proprietary regime imposed, and an express order that the interim regime would continue if Parliament failed to act. As the suspension period was nearing expiry, the Minister of Justice and Correctional Services applied for a 12‑month extension of the suspension, citing delays in the legislative process due to elections and parliamentary procedures. The application was unopposed.

The application for an extension of the suspension of the declaration of constitutional invalidity was dismissed. No order as to costs was made.

The case underscores the Constitutional Court’s insistence on compliance with its orders and clarifies that extensions of suspended declarations of invalidity will not be granted where they serve no practical purpose. It reinforces judicial authority over remedial orders and confirms that interim relief can continue automatically where Parliament fails to act, thereby protecting vulnerable groups affected by unconstitutional legislation.