MOKGORO J prohibition of the possession of films.125 [85] To the extent that there are legitimate concerns that pornography will proliferate uncontrollably in the wake of our decision today, the relevant interests are quite adequately satisfied by these provisions of the 1974 Act. The apprehended deluge of pornography can be dealt with by the provisions governing importation and distribution. And if it is deemed necessary to punish possession, the 1974 Act allows for that too. I am quite satisfied that no lacuna will open up as a consequence of the immediate nullification of the operative provision of the 1967 Act.126 in the Gazette.” 125 §21. 126 The two instances in which this Court has temporarily suspended the invalidity of a statute are clearly distinguishable from the circumstances of this matter. In Executive Council of the Western Cape Legislature and Others v President of the Republic of South Africa 1995(10) BCLR 1289 (CC), Chaskalson P’s decision emphasised the serious consequences for good government if invalidity of a provision delegating powers to the President to amend legislation relating to local government elections were not suspended: “An order which would in effect disrupt the functioning of transitional local government structures and prevent the elections from being held would not in my view be in the interests of good government. It could lead to increased tension in areas where the inhabitants are anxious to democratise their local structures and to considerable waste of expenditure bearing in mind the preparations that are already under way and the steps that have been taken to lay the groundwork for such elections.” Id. para 110. The Court also took into account the limited prejudice that would be suffered by the applicants: “The prejudice to the applicants consequent upon such an order being made is, by comparison, not substantial. . . Weighing this limited potential prejudice as far as the applicants are concerned against the much greater prejudice to local government generally, and the holding of elections in particular, which will result if the proclamations are declared invalid with immediate effect, it seems clear that ‘justice and good government’ requires that Parliament be given the opportunity if it wishes to do so, to remedy the situation.” Id. para 112. In S v Ntuli 1996(1) BCLR 141 (CC) the Court suspended the declaration of invalidity of a provision requiring prisoners convicted in lower courts to obtain a judge’ certificate if they wished to prosecute an appeal without the assistance of a lawyer. Writing for the Court, Didcott J. noted that allowing prisoners to lodge appeals without certificates would lead to a significant increase in the number of such appeals. That would require new statutory structures: “Legislation will have to be drafted and circulated. All that will take time, lots of time. . . The long perpetuation of an unconstitutional scheme is admittedly unfortunate. But the statute book cannot be purged suddenly of all its old elements that are now repugnant to the Constitution. And, if fresh problems are to be avoided, the removal of the objectionable parts and their replacement by ones that are sound and realistic has to be both thorough and thoughtful. That, I have no doubt, is ‘in the interests of justice and good government’.” Id. para 28. 48