NGCOBO J invalidity . . . the need for certainty may well fall away.”57 The Court went on to say that where the provision has subsequently been repealed the court need not consider whether the declaration of invalidity should be confirmed but has a discretion whether to do so or not. In exercising that discretion, the court will take into account “whether any order it may make will have any practical effect either on the parties or on others.”58 (My emphasis.) This is a very broad understanding of mootness.59 [64] In my view, therefore, the important question to be considered first is whether, if we refuse to consider the question whether the orders of invalidity made by the High Court, legal uncertainty would arise. In my view, the answer to this question is clear: The High Court has declared a range of provisions to be inconsistent with the Constitution. Our refusal to confirm that order would mean the order would have no force or effect; but the reasoning of the Court would, in the circumstances of this case, leave grave doubts as to whether the provisions are consistent with the Constitution or not. It is true that someone else could challenge the provisions and bring them to this Court, but that may well take some considerable time during which the state of uncertainty would remain. That is most undesirable. It is also true that the High Court should probably not have done this; but it has made a mistake, something which courts sometimes do. The consequence of that mistake, if we refuse to consider confirmation, will be legal uncertainty. I am unable to agree with the proposition that 57 Id at para 15. 58 Id at para 16. 59 See also above n 37 at para 11. 34