Judgment No. CCZ 6/201413 Const. Application No. CCZ 247/09 responsibility, an opportunity to put before the court facts within his or her knowledge, and of which the court was unaware, with the view of persuading it not to find that the enactment is not reasonably justifiable in a democratic society. The reason is that the determination of the question whether an enactment is reasonably justifiable in a democratic society requires a court to take into account a variety of factors at play in a democratic society. Some of the factors may relate to the policy behind the enactment. The executive is responsible for the formulation of legislative policy as adopted by the legislature. It is because of this important position of the executive in the formulation of legislative policy that a Minister may have knowledge of factors that show that the legislation is reasonably justifiable in a democratic society. His or her task is to assist the court to arrive at a just decision on the question of the constitutional validity of the legislation. The fact that no affidavit was filed by the Minister means that nothing said in the document satisfied the object of s 24(5) of the former Constitution. The matter was, however, postponed to 15 January 2014 to enable the respondents to respond to the Minister's submissions. The rule nisi was extended to that date. On 15 January 2014 Mr Mutangadura who represented the Minister, indicated that it was no longer the intention of the Minister to oppose the confirmation of the rule nisi. There was, therefore, no need of hearing the applicants on the question of the confirmation of the rule nisi. The order of the court was reserved to allow the court time to prepare this