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

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