NGCOBO J vi) Section 170A(7)? (e) Was it appropriate for the High Court to make the declaratory and supervisory orders? (f) Given the concerns raised by the factual material presented by the DPP and the amici about the proper implementation of the provisions of the CPA that provide protection to child complainants, should this Court investigate these concerns, and if found to be valid, should a supervisory order be issued? [32] I deal with these issues in turn. May a court raise, of its own accord, a constitutional issue? [33] The High Court took the view that it is entitled to raise a constitutional issue of its own accord and referred to our decision in Potgieter.19 In that case, the High Court, of its own accord, raised the constitutionality of a statutory provision and thereafter declared it invalid. This Court, without commenting on the power of the High Court to raise a constitutional issue of its own accord, confirmed the order of invalidity. All the parties relied on this case too and approached the matter on the footing that the High Court was entitled to raise on its own a constitutional issue. In the light of the facts and circumstances of these cases, it is desirable to consider the question in some detail. 19 Potgieter v Die Lid van die Uitvoerende Raad: Gesondheid Provinsiale Regering Gauteng en Andere [2001] ZACC 4; 2001 (11) BCLR 1175 (CC); S v Williams [1995] ZACC 6; 1995 (3) SA 632 (CC); 1995 (7) BCLR 861 (CC). 17