NGCOBO J but had subsequently been repealed. It held that section 172(2) does not require it to consider confirmation of invalidated provisions in all circumstances. It held that where the provision that had been declared invalid has subsequently been repealed, this Court has a discretion whether or not it should deal with the matter.52 What should be considered in such a case is “whether any order it may make will have any practical effect either on the parties or on others.”53 The same principle should apply where, as here, the High Court has raised a constitutional issue in circumstances where it should not have done so. The Court has a discretion whether to confirm the orders of invalidity made in relation to the invalidated provisions. This discretion, however, must be exercised with due regard to what is in the interests of justice. [61] Section 172(2) of the Constitution has two clear purposes: the first is to ensure that it is only this Court that has the power to declare invalid provisions in national or provincial legislation on the grounds that they are inconsistent with the Constitution. This purpose flows from the express language of section 172(2). The second purpose, perhaps less plain from the text, is the constitutional purpose of avoiding disruptive legal uncertainty. This second purpose was recognised as an important constitutional purpose as long ago, albeit against a different constitutional backdrop, as Zantsi54 where Chaskalson P noted that although the issue referred to this Court for constitutional adjudication was not in fact relevant to the case which had to be decided by the High Court, the effect of judgments of the Ciskei High Court relating to the 52 Id at para 16. 53 Id and above n 37 at para 9. 54 Zantsi v Council of State, Ciskei, and Others [1995] ZACC 9; 1995 (4) SA 615 (CC); 1995 (10) BCLR 1424 (CC) at para 8. 32