Can Mkhwebane suspend order on constitutionality?

on the part of the president could only be executed if it were confirmed by the apex court.

Mpofu said this applied to Mkhwebane, claiming that she is “the victim of the most egregious abuse of power in this republic”. “The only way to do that is for restoration of the status quo ante,” Mpofu continued. Plainly put, she should be allowed to resume work. Mpofu’s answer to this was that section 172 of the constitution states clearly that a court which makes an order of constitutional invalidity may grant a temporary interdict or other temporary relief to a party, pending the decision of the constitutional court on the validity of the act or conduct in question.

Mpofu’s reply was that they were digging themselves into a hole, but that ordinarily their remedy would lie in section 172 of the constitution which says that any interested person may appeal to the apex court to confirm or vary an order of constitutional validity.

The ConCourt seems to be dragging its feet on the first automatic review.

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