| (1) | When deciding a constitutional matter within its power, a court— |
| (a) | must declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of its inconsistency; and |
| (b) | may make any order that is just and equitable, including— |
| (i) | an order limiting the retrospective effect of the declaration of invalidity; and |
| (ii) | an order suspending the declaration of invalidity for any period and on any conditions, to allow the competent authority to correct the defect. |
(2)
| (a) | The Supreme Court of Appeal, the High Court of South Africa or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court. |
[Section 172(2)(a) substituted by section 7 of the Constitution Seventeenth Amendment Act, 2012 (Act No. 72 of 2013)]
| (b) | A court which makes an order of constitutional invalidity may grant a temporary interdict or other temporary relief to a party, or may adjourn the proceedings, pending a decision of the Constitutional Court on the validity of that Act or conduct. |
| (c) | National legislation must provide for the referral of an order of constitutional invalidity to the Constitutional Court. |
| (d) | Any person or organ of state with a sufficient interest may appeal, or apply, directly to the Constitutional Court to confirm or vary an order of constitutional invalidity by a court in terms of this subsection. |
