case must arise in other circumstances, where the relief cannot properly be tailored by a court,[1] or where even though a litigant would otherwise be successful, other interests or matters would preclude an order in his or her favour,[2] or where an order would otherwise produce such disorder or administrative difficulties that the interests of justice served by an order in favour of a successful litigant are outweighed by the social dislocation such an order might occasion.[3] The importance of the principle that a successful litigant should obtain the relief sought has been acknowledged by this Court through the grant of interim relief where an order of suspension is made to ensure that constitutional rights are infringed as little as possible in the period of suspension.[4]
[171]There can be no doubt that it is necessary that unconstitutional laws be removed from our statute book by Parliament. It is equally necessary that provisions of the common law which conflict with the Constitution are developed in a manner that renders them in conformity with it. It would have been desirable if the unconstitutional situation identified in this matter had been resolved by Parliament without litigation. The corollary of this proposition, however, is not that this Court
- ↑ Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others 2000 (3) SA 936 (CC); 2000 (8) BCLR 837 (CC) at paras 63–64; Fraser v Naude and Others 1999 (11) BCLR 1357 (CC) at paras 9–10.
- ↑ Fraser id.
- ↑ Tsotetsi v Mutual and Federal Insurance Co Ltd 1997 (1) SA 585 (CC); 1996 (11) BCLR 1439 (CC) at para 10.
- ↑ See for example, Dawood above n 7 at paras 66–67, Janse van Rensburg NO and Another v Minister of Trade and Industry and Another NNO 2001 (1) SA 29 (CC); 2000 (11) BCLR 1235 (CC) at para 29–30, Zondi v MEC for Traditional and Local Government Affairs and Others 2005 (3) SA 589 (CC); 2005 (4) BCLR 347 (CC) at paras 130–31.
