NGCOBO J
governmental organisations that were willing and able to assist. The supervisory
order called upon the Minister, the DPP and the National Commissioner of Police to
report to court within a year, the progress made in addressing the mandamus dealt
with in the mandatory and supervisory order.133
[179] As is apparent from the mandatory orders, they were made in order to give
effect to the declaratory orders. If the declaratory orders cannot stand, the mandatory
orders cannot stand either. However, in making the mandatory orders, the High Court
relied upon the existence of the structure to develop the NPF dealing with, among
other matters, services for victims of sexual offences under section 62 of the Sexual
Offences Amendment Act. It held that—
“the existence of the structure to develop this policy framework does enable the court,
however, to go further than to issue a mere declaratory order of constitutional
invalidity, but also to consider a mandamus”.134
[180] It is not clear from the judgment of the High Court why this is so. The Minister
contended that these orders are in breach of the principle of the separation of powers.
[181] The importance of the principle of the separation of powers in our
constitutional democracy cannot be gainsaid. It is required by the very structure of
our Constitution. While there are no bright lines that separate the role of the courts
from those of other branches of government, “there are certain matters that are pre-
133
See above n 129 at para 14 of the order.
134
Above n 10 at para 95.
90
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات