Cross-Border Road Transport Agency v Central African Road Services (Pty) Ltd (CCT163/14) [2015] ZACC 12 (12 May 2015) per Jappie AJ.

The Constitutional Court disallowed the appeal.  The issue concerned the operation of orders of constitutional invalidity that are suspended where the suspension period has passed without the enactment of remedial legislation.  In addition the issue was whether there was the power to vary a final order made, and if so whether that power should be exercised.  Leave to appeal was  granted as important questions were raised on the principles governing declarations of constitutional invalidity and the power to vary an order where the question of retrospectivity is silent.