Page:NCGLE v Minister of Justice.djvu/86



Rh The criterion for the order which a court is competent to make under section 172(1)(b) of the 1996 Constitution pursuant to a declaration of constitutional invalidity is that it must be “just and equitable”. The criterion under section 98(6) of the interim Constitution was “the interests of justice and good government”. There has as yet been no comprehensive judgment of this Court on the meaning of “just and equitable” in section 172(1)(b) of the 1996 Constitution, although it has been alluded to in S v Ntsele and De Lange v Smuts NO and Others. Nor is it necessary to attempt such a comprehensive task in the present case.

In Ntsele’s case, Kriegler J, dealing with the 1996 Constitution, stated that the

Rh