In framing an order that was just and equitable, cognisance had to be taken of the fact that Minister of Transport Jeff Radebe (the second respondent, who also signed the proclamations, as required), together with the Fund, the courts and the claimants, had since July 31, 2006, operated on the understanding that sections 1 to 5 of the Amendment Act were in operation, and that a finding to the contrary would be devastating to all concerned.
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