Legal terms .

A suspended declaration of invalidity, indeed, is made up of

two parts: the order which finds a provision to be contrary to
the constitution and, thus, declares it invalid, and a suspension
which temporarily paralyzes the effects of the said order.

Continuing mandamus or structural interdict or structural

injunction is a relief given by a court of law through a series
of ongoing orders over a long period of time, directing an
authority to do its duty or fulfill an obligation in general
public interest, as and when a need arises over the duration a
case lies with ...

Mandatory Interdict – This is an interdict which orders

someone to act accordingly (lawfully) to remedy a wrongful
state of affairs for which he/she/it is responsible.
The ‘suspended declaration of invalidity’, a novel remedy by which the court makes space for
legislative response, is characterised by the court declaring that the law declared to be
unconstitutional remain in force temporarily, providing the legislature an opportunity to enact
new legislation before the unconstitutional legislation is struck down.5

This allows for the government to adopt more comprehensive reforms, with courts retaining
jurisdiction and enforcing declaration of invalidity as the ultimate default remedy.60 A broad
understanding of judicial review has lent support to retention of jurisdiction over cases, in
pursuit of ‘responsive’ and ‘effective remedies.61 This involves interpreting separation of
powers to mean not that courts may never exercise legislative or administrative functions, but
rather that it would be inappropriate ‘to leap into the kind of decisions and functions for
which its design and expertise are manifestly unsuited