32 ... shall be guilty of an offence. (3) Any female who – ... (b) commits or attempt to commit with such a boy or with a girl under the age of 16 years; or ... shall be guilty of an offence.’ [76] It is clear that a pre-existing provision of a law which is unconstitutional became invalid at the moment the Constitution took effect. This is the effect of the supremacy clause of the Constitution (s 2), in terms of which the Constitution is the supreme law of the Republic and all law or conduct inconsistent with it is invalid. Item 2(1) of Schedule 6 to the Constitution provides that all law that was in force when the Constitution took effect, continues in force until amended or repealed, but only to the extent that it is consistent with the Constitution. In accordance with the doctrine known as ‘objective constitutional invalidity’,3 a Court making a declaration of invalidity simply declares invalid what has already been invalidated by the Constitution. As indicated above, however, the operation of the doctrine of objective constitutional invalidity is subject to the possibility that the court making the declaration of invalidity may, in the interests of justice and equity, limit the retrospective effect of such declaration in terms of s 172(1)(b)(1) of the Constitution. [77] By virtue of s 172(2)(a) of the Constitution, the orders of constitutional invalidity to be made by this Court will have no force unless and until they are confirmed by the Constitutional Court. Should this confirmation occur, then the appellant’s convictions on the last 6 counts (viz counts 6-11) will effectively cease to exist. Thus, although this Court should make an order setting these convictions aside, this order will be subject to the confirmation by the Constitutional Court of our order of constitutional invalidity. Sentence 3 See Ferreira v Levin NO; Vryenhoek v Powell NO 1996 (1) SA 984 (CC) paras 27-28; National Coalition for Gay and Lesbian Equality v Minister of Justice 1999 (1) SA 6 (CC) para 84; Gory v Kolver NO 2007 (4) SA 97 (CC) para 39.