Page:Fourie v Minister of Home Affairs (SCA).djvu/107

Rh the specified period. One of the cases where this power was exercised was Fraser v Children's Court, Pretoria North, and Others, in which it was said that regard being had, inter alia, to the nuanced legislative responses which might be available in meeting the issues raised by the case, it was a proper case to require Parliament to correct the defects identified in the relevant statutory provision by an appropriate statutory provision. Section 98(5) of the Interim Constitution has been replaced by section 172(1)(b)(ii) of the Constitution, which is set out above and which does not repeat the phrase ‘in the interests of justice and good government’ although this is the test still applied by the Constitutional Court.

In the present case the matter has since April 1998 enjoyed the attention of the Law Reform Commission. In its report to which I referred earlier the Commission requested respondents to submit written comments and representations by 1 December 2003. It is clearly envisaged that after the comments and representations it has received have been evaluated and it has finally deliberated on the matter, a report will be submitted to the Minister of Justice and Constitutional Development for tabling in Parliament. For the