O’REGAN J and SACHS J The Supreme Court gave weight to the disruption likely to result from the striking of old laws having significant social value in the present, and allowed them to survive despite their constitutionally questionable origins. [111] Similar to the United States and Canada, where social transformation has at different times rendered obsolete the motivation underlying existing legislation, South Africa is undergoing a metamorphosis. But ours is one of far greater magnitude than that ever experienced by either of our North American counterparts. As Mohamed DP said in Shabalala:69 “It retains from the past only what is defensible and represents a radical and decisive break from that part of the past which is unacceptable . . . The past was pervaded by inequality, authoritarianism and repression. The aspiration of the future is based on what is ‘justifiable in an open and democratic society based on freedom and equality’.” As part of this transformation, all legislation incompatible with our new constitutional order is invalid.70 69 Shabalala and Others v Attorney-General of Transvaal and Another 1996 (1) SA 725 (CC); 1995 (12) BCLR 1593 (CC) at para 26. 70 See section 229 of the interim Constitution which provides that “Subject to this Constitution, all laws which immediately before the commencement of this Constitution were in force in any area which forms part of the national territory, shall continue in force in such area, subject to any repeal or amendment of such laws by a competent authority.”; and item 2 of schedule 6 of the final Constitution which provides that “(1) All law that was in force when the new Constitution took effect, continues in force, subject to – (a) any amendment or repeal; and (b) consistency with the new Constitution. (2) Old order legislation that continues in force in terms of subitem (1) – (a) does not have a wider application, territorially or otherwise, than it had before the previous Constitution took effect unless subsequently amended to have a wider application; and (b) continues to be administered by the authorities that administered it when the new Constitution took effect, subject to the new Constitution.” See also, the supremacy clause in section 2 of the 1996 Constitution: “This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.” 76