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

 Rh an ancillary order, to remedy a statutory provision, reliant on the common law definition, which is also unconstitutional.

The doctrine of the separation of powers is an important one in our Constitution but I cannot see that it can be used to avoid the obligation of a court to provide appropriate relief that is just and equitable to litigants who successfully raise a constitutional complaint. The exceptions to the principle established in Bhulwana's

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