Ex parte Minister of Social Development and Others

The Constitutional Court had previously, in Mashavha v President of the RSA, confirmed the invalidity of Presidential Proclamation R7 of 1996, which purported to assign administration of the Social Assistance Act 59 of 1992 to provinces, and suspended the declaration of invalidity for eighteen months from 6 September 2004 to allow Parliament to correct the defect. The Minister of Social Development and several provincial MECs failed to comply fully within that period. Shortly before the suspension expired, they brought an urgent ex parte application for direct access seeking a further suspension until 1 April 2006, alleging that although new legislation and administrative arrangements were largely in place, funding constraints under the Division of Revenue Act prevented full implementation before that date. The application was lodged after the suspension period had in fact already expired.

The application for a further suspension of the declaration of invalidity was dismissed.

The case affirms the principle of finality in constitutional litigation and clarifies that the Constitutional Court has no power to retrospectively revive an expired suspension of invalidity. It provides authoritative guidance on the computation of time for suspension orders expressed in months and reinforces strict limits on the remedial powers under section 172(1)(b)(ii) of the Constitution.