The case concerned an application to the Constitutional Court for confirmation of an order of constitutional invalidity, but the government had withdrawn its opposition to the order of confirmation. This, the court held, did not put an end to the proceedings; the court still had to determine whether to confirm, vary or set aside the order. Furthermore, the court had to determine what, if any, ancillary orders to make, and the relevant government department was best placed to assist the court in this regard. The court held that, if this is not done, its ability to carry out its constitutional mandate is hampered; indeed, the constitutional scheme itself is put at risk.
