PF School of thought: Inauguration can proceed

On Monday, 5th September, 2016 – Counsel for the Respondents will only need to file a motion challenging the purported extension of time by the ConCourt:

(1) Under what law can the ConCourt review its own decision?
(2) The Court had handed down a ruling to (a) interpret the Constitutional time frame, and (b) putting that time frame into effect, for the matter to be concluded by 23:45 hours on Friday, 2nd September, 2016 per Constitution.

(3) A decision or ruling of the Court can only be overturned by way of appeal to a higher Court.
(4) A decision of the Constitutional Court cannot be appealed to a higher Court; the ConCourt is at par with the Supreme Court, therefore there is no higher Court and, in any case, the Constitution itself is categorical; there is no appeal from this Court.

(4) In addressing the ConCourt, the Court allowed the petitioners to file an appeal to extend the time.
(5) Under what law did the Court entertain the appeal?
(6) Under what law is the Court permitted to entertain an appeal against its own ruling?

There is no Article or statute which permits an appeal from the Constitutional Court, either to a higher court, or from itself. Therefore, in the absence of an Article of the Constitution or statute (a) permitting an appeal (b) permitting the Court to entertain such an appeal or (c) permitting the Court to review its own decision;

The decision of the ConCourt purporting to grant an extension of time, in violation of the Court’s own ruling in interpretation of the time limit imposed by the Constitution itself, and in violation of the Constitution which prohibits the Court imposing a time limit where the Constitution prohibits it, the decision purporting to grant the petitioners an extension of time from 23:45 on Friday 2nd September 2016 until Thursday 8th September 2016, is illegal and therefore, null and void.

Case is stood down for want of time, the petition fails! And inauguration of the President-Elect can therefore proceed unhindered and on any day.