MOGOENG CJ [26] This being an application for direct appeal in terms of section 167(6)(b) of the Constitution, it is necessary to explain why we do not insist on the Supreme Court of Appeal being approached before this Court. For, ordinarily litigants must not be allowed to bypass the Supreme Court of Appeal in matters involving the application or interpretation of the common law. 22 This being a matter concerning the validity of a common law defence, it is inescapable that an explanation for the deviation be furnished. [27] In Zondi, we reflected as follows on the application for direct access, and by extension direct appeal, provisions: “Under these provisions, this Court has discretion whether to grant direct access but an application will only be granted if it is in the interests of justice to grant it. And the question whether it is in the interests of justice to grant direct access must be decided in the light of the facts of each case. In this regard this Court will consider a range of factors. These include the importance of the constitutional issue raised and the desirability of obtaining an urgent ruling of this Court on that issue, whether any dispute of fact may arise in the case, the possibility of obtaining relief in another court, and the time and costs that may be saved by coming directly to this Court.”23 By extension, similar considerations apply to direct appeals. [28] The administration of reasonable and moderate punishment by parents on their children has been declared unconstitutional by the High Court. That declaration, though not relating to legislation, is just too close and similar in character to declarations of unconstitutionality relating to legislation, to render the bypassing of the Supreme Court of Appeal excusable. Although 22 not all declarations of In Zondi v MEC for Traditional and Local Government Affairs [2004] ZACC 19; 2005 3 SA 589 (CC); 2005 (4) BCLR 347 (CC) at para 13, this Court emphasised that “courts are not [to be] bypassed in matters that fall within their jurisdiction unless there are compelling reasons to do so”. 23 Id at paras 12-3. 10