Kruger v President of the Republic of South Africa

The judges were Langa CJ, O'Regan ADCJ, Madala J, Mokgoro J, Ngcobo J, Nkabinde J, Skweyiya J (who composed the majority judgment), Van Der Westhuizen J, Yacoob J, Jafta AJ and Kroon AJ.

For that purpose, an expanded definition was adopted of the phrase "direct and personal interest."

His proclamation, therefore, was on face of it irrational, and the doctrine of objective invalidity rendered it void ab initio.

Kruger, the applicant, an attorney specialising in personal injury law, approached the CC under section 172(2)(a) of the Constitution for confirmation of a High Court order declaring Proclamation R27 of 2006 (issued by President Thabo Mbeki (the first respondent) in terms of section 13 of the Road Accident Fund Amendment Act,[2] and purporting to bring into operation sections 4, 6, 10, 11 and 12 of the Amendment Act, with effect from 31 July 2006) to be "null and void and of no force and effect."

Because of the alleged uncertainty created by the High Court's declaration of invalidity, the Road Accident Fund (the third respondent) sought direct access to the CC for an order declaring Proclamation R32 of 2006, issued by the President in substitution for the first proclamation, before 31 July 2006, to have brought lawfully into operation sections 1, 2, 3, 4 and 5 of the Amendment Act with effect from 31 July 2006.

Furthermore, if the first proclamation remained in effect, it would create a number of legal and practical problems.

[8] As to the validity of the second proclamation, the court held that section 13 of the Amendment Act, read with section 81 of the Constitution, conferred the narrow power on the President to issue a proclamation determining the date on which legislation would come into operation.

[9] The court held further that the President could, on the facts of the present case, have lawfully withdrawn the first proclamation once he realised his mistake, as long as he did so in unambiguous terms, and before 31 July.

[11] In framing an order that was just and equitable, cognisance had to be taken of the fact that Minister of Transport Jeff Radebe (the second respondent, who also signed the proclamations, as required), together with the Fund, the courts and the claimants, had since 31 July 2006, operated on the understanding that sections 1 to 5 of the Amendment Act were in operation, and that a finding to the contrary would be devastating to all concerned.