JAFTA J [191] This is not a case of allowing an invalid law to continue to operate whilst Parliament remedies the defects. In this matter if the declaration of invalidity is suspended, it will not cure the problem of lack of power to designate. That is the kind of problem which can be remedied by granting the Minister the relevant power. And that remedy can be effected by Parliament only. This is because the remedy entails legislating which is the competence of Parliament. [192] The wide remedial power of making a just and equitable order under section 172 of the Constitution has limits.201 Here, the words “a court . . . may make any order that is just and equitable” must be read in proper context. They do not mean that a court is free to grant whatever order it considers to be just and equitable. In context, these words enable a court to issue a just and equitable remedy within its jurisdiction. The limit to what a court may order is apparent from the opening words of section 172(1). These words reveal that the court in question must have the power to decide the matter before it and the section proceeds to say that the court may make a just and equitable order. The just and equitable order is determined with reference to the circumstances of a particular case. [193] Justice and equity contemplated in section 172(1) does not entail the exercise of power not conferred upon a court. The section does not empower a court to exercise legislative power under the guise of issuing a just and equitable order. However, our courts recognise that sometimes it becomes just and equitable to read words into a 201 Section 172(1) of the Constitution provides: “(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.” 93