7 HH 29-2007 HC 1786/06 apply for registration in terms of the Act. Those findings touched in a fundamental way on the manner in which the Commission had conducted business in relation to the application by the applicant. The Commission had been found to be devoid of impartiality in regard to the registration of the applicant. It is immaterial in this instance whether or not the Minister was a party to the proceedings in the Supreme Court matter relating to the first application for registration, as whatever the outcome of that case would have been, it would have been brought to his attention what the findings by the Supreme Court would have been. It is to be noted however, that in view of the fact that the challenge by the applicant on constitutional basis on the Act also cited the Minister as a respondent, it therefore stands to reason that the judgment would have been availed to him as he was an interested party. He could not have failed to realize that the Commission‟s chairman having been found wanting by the Supreme Court had been effectively disabled from determining any further applications involving the applicant. It therefore behooved him, bearing in mind the time limitations set in the Act, which Act he administers, to put in place measures for the speedy determination of the application for registration by the applicant which obviously was not going away. This he failed to do. Even if it did not occur to the Minister at that early stage when the Commission still sat as it was and considered the application resulting in the review proceedings before MAKARAU J as she then was, it must have then occurred to the Minister once those proceedings were taken on review before this court, to then put his house in order to accommodate the findings by the Supreme Court. An amendment to the Act to appoint ad hoc members of the Commission to deal with the issue of the applicant could have been resorted to. After the decision of MAKARAU JP it was confirmed that the Commission could not be clothed with any measure of acceptability on the issue. In fact the learned judge having made a finding that the Commission in its entirety was disabled from dealing with the application, ordered that the application be considered de novo. It was not done nor were there measures put in place to deal with it. It must have occurred to all the parties concerned at that stage that the Commission could not by any stretch of the imagination be considered as being able to consider the application which was not going to be abandoned any time soon by the applicant and therefore measures had to be put in place for a structure that could do so in terms of the Act. The Minister indicated that he is having consultations with his legal practitioners over how to resolve the issue. By now his consultations should have borne fruit but still the court is none the wiser as to what course he intends to take to ensure that the application is dealt with. He does not even suggest that the amendment, which he believes is the best course possible, has been put into effect and that the Legislature has been requested to pass such amendment. The suggestion is made 7