NGCOBO J the constitutionality of these provisions. They are therefore likely to challenge these provisions in future. The Minister is understandably and commendably concerned not to breach his constitutional obligation and therefore requires clarity on the constitutional validity of the invalidated provisions. It is therefore in the public interest that there should be clarity on the constitutional validity of the invalidated provisions. To decline to confirm would deny him that; and would almost certainly cause grave difficulties in the administration of justice in many criminal matters as judicial officers and lawyers would struggle to know whether the statutory provisions are unconstitutional or not. This result does not seem to be in the interests of justice, even if we can refuse to hear the appeal, something about which I have grave doubts. [67] Finally, we cannot ignore the fact that, on the facts, section 170A(1) was engaged, as the child complainant testified without the assistance of an intermediary. And, moreover, the amendment has now not only been signed into law but it has also been brought into operation. In addition, these issues were fully argued in this Court and we have a fully reasoned judgment of the High Court. [68] It does not follow that this Court will consider the constitutional validity of a legislative provision in every case where the High Court ought not to have decided the question simply because of the uncertainty that results from the existence of an unenforceable High Court order. As is apparent, other important considerations tip the scale in this case in favour of deciding the constitutional validity of the provisions concerned. However, it must be emphasised that, in future cases, it may be 36