NGCOBO J 158(5), 164(1) and 170A(7), in their amended form, only came into operation after these two cases had been finalised by the regional courts and had been referred to the High Court in terms of section 52(3) of the Criminal Law Amendment Act. It must be recalled that these cases had been referred to the High Court by 15 August 2007, this being the date when the High Court, of its own accord, raised the constitutional issues. As at that date, the amendments were still in bill form. Therefore, the invalidated provisions in their amended form were not and could not have been in issue in the trials of the two accused and in the proceedings before the High Court.45 [55] In relation to sections 153(3), 158(5), 164(1) and 170A(7), it was therefore inappropriate for the High Court to have raised the constitutionality of these provisions as they were still in bill form at the time when the court raised and considered their constitutional validity. In terms of section 167(4) of the Constitution,46 only this Court may decide the constitutional validity of a 45 It is true that in Khosa this Court held that a court may make an order concerning the constitutional invalidity of an Act of Parliament that has not yet been brought into force. (Khosa and Others v Minister of Social Development and Others; Mahlaule and Others v Minister of Social Development and Others [2004] ZACC 11; 2004 (6) SA 505 (CC); 2004 (6) BCLR 569 (CC) at paras 90-3.) In that case, we reasoned that in terms of section 81 of the Constitution, a bill that has been signed by the President becomes an Act of Parliament and in terms of section 172(2)(a) of the Constitution a court may make an order concerning the constitutional validity of an Act of Parliament. (Id at paras 90 and 138.) The problem in these cases is that the Sexual Offences Amendment Act was only signed by the President on 13 December 2007, a year and a half after Mr Mokoena was convicted (7 July 2006), and more than a year after Mr Phaswane was convicted (22 September 2006). Indeed, this was after the matter had been referred to the High Court for sentence and after the High Court had raised the constitutional issues. 46 Section 167(4) provides: “Only the Constitutional Court may— (a) decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state; (b) decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121; (c) decide applications envisaged in section 80 or 122; 29