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[1]            The issue before us, is to determine whether to condone the non-compliance with a court order that led to the unfortunate delay in finalizing an important matter of national importance.

[2]            I had the benefit of considering the judgment of Thulare J herein, the conclusion which I respectfully disagree with. I am of the view that the application should be struck from the roll for the reasons stated below.

[3]            The Constitutional Court recently reminded us:

“It is indeed the lofty and lonely work of the Judiciary, impervious to public commentary and political rhetoric, to uphold, protect and apply the Constitution and the law at any and all costs. The corollary duty borne by all members of South African society – lawyers, laypeople and politicians alike – is to respect and abide by the law, and court orders issued in terms of it, because unlike other arms of State, courts rely solely on the trust and confidence of the people to carry out their constitutionally-mandated function.” [1]

[4]            I am of the view that the court must ensure that all litigants have equal access to the courts in order to have their disputes adjudicated. For this reason, there are rules, directives, and often court orders that regulate the process. The functioning of the courts to effectively and efficiently deliver on its constitutional mandate therefore depends on a proper application and compliance with, inter alia, court orders.  An undermining of these mechanisms lead to disorder and unnecessary delays and   disruptions as is evident in this case. I pause to note that Thulare J had to postpone a criminal matter where witnesses were subpoenaed and the accused is in custody, to attend to this matter. The timeline will indicate the enormous amount of judicial resources employed.