NGCOBO J declaration of rights. What the High Court was required to do was to declare, in terms of section 172(1)(a), that the invalidated provisions are inconsistent with the Constitution, as it did in the orders of invalidity. Once this was done, there was no need for any further declaratory order. This was therefore not a case in which the court should have exercised its discretion to make a declarator over and above the orders of invalidity. [176] In these circumstances, paragraphs 8, 9 and 10 of the High Court order cannot stand. Paragraph 11 of the order [177] Paragraph 11 of the order reads: “It is noted that the criminal justice system faces critical systemic challenges.” This is not an order. It therefore cannot stand. Mandatory orders in Paragraph 12 [178] The mandatory orders ordered the Minister to refer the matter dealt with in the declaratory orders to the Inter-Sectoral Committee with “instructions” to that committee to address these matters as part of the National Policy Framework (NPF).131 In addition, it ordered the National Commissioner of South African Police Services (the National Commissioner of Police) and the DPP to issue directions addressing matters dealt with in the declaratory orders.132 The Minister and these state officials were ordered to address these matters with the co-operation of non131 See above n 129 at para 12 of the order. 132 See above n 129 at para 13 of the order. 89