ZONDI AJ to rectify the impugned provision. In Auction Alliance this Court held that suspension is not an exceptional remedy.61 It made it clear that suspension is an obvious use of its remedial power under the Constitution to ensure that just and equitable constitutional relief is afforded to litigants while ensuring that there is no disruption of the regulatory aspects of the statutory provision that is invalidated.62 [75] The Minister has requested that a declaration of invalidity be suspended for 24 months to enable Parliament to enact remedial legislation. I do not think that the period sought by the Minister can be said to be unreasonably long to enact a statute which will be constitutionally compliant having regard to the sensitivity of the impugned provisions and the need to obtain the views of various public interest groups on the extent of the amendment of section 18. This Court in Teddy Bear Clinic held that in a participatory democracy, Parliament is best-suited to ensure that the ultimate statutory regime is decided upon in an open, inclusive and transparent manner, with all relevant parties who so desire being given an opportunity to shape the debate and the eventual outcome.63 Another consideration is that the suspension would not cause the applicants or similarly situated survivors of sexual assault any prejudice as the suspension order is coupled with an interim reading-in. [76] And should Parliament fail to enact remedial legislation within 24 months from the date of this order without seeking and obtaining an extension, the interim reading-in remedy will become final. [77] The next issue for consideration is the date from which the declaration of invalidity should run. Section 18 was substituted by section 27(1) of the Criminal Law Amendment Act.64 Although the Act came into operation on 13 November 1998, 61 Estate Agency Affairs Board v Auction Alliance (Pty) Ltd [2014] ZACC 3 (CC); 2014 (3) SA 106 (CC); 2014 (4) BCLR 373 (CC) (Auction Alliance) at para 55. 62 Id. 63 Teddy Bear Clinic above n 59 at para 109. 64 Above n 31. 32

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