Minister for Transport and Another v Mvumvu and Others

Following an earlier Constitutional Court judgment in Mvumvu and Others v Minister for Transport and Another 2011 (2) SA 473 (CC), certain provisions of section 18 of the Road Accident Fund Act 56 of 1996 were declared unconstitutional, with the declaration of invalidity suspended for 18 months to allow Parliament to remedy the defect. As the suspension period was due to expire on 17 August 2012, and Parliament had not yet enacted remedial legislation due to drafting difficulties, consultations, Cabinet processes, and a parliamentary recess, the Minister for Transport and the Road Accident Fund urgently applied to the Constitutional Court for an extension of the suspension period. The respondents did not oppose the application.

The period of suspension of the declaration of invalidity ordered in Mvumvu and Others v Minister for Transport and Another was extended for a further six months.

The case confirms and clarifies the Constitutional Court’s power to extend a suspension of a declaration of invalidity before its expiry, reinforcing the flexible remedial jurisdiction under section 172(1) of the Constitution. It provides guidance on the factors relevant to determining whether such an extension is just and equitable, particularly in the context of complex legislative reform and state administration.