SKWEYIYA J SKWEYIYA J: Introduction [210] I have read the meticulous judgment of my colleague, Ngcobo J. I agree that this Court should not confirm the declarations of invalidity made by the High Court in Pretoria and I concur in his order. This judgment is written because, while I concur in his reasoning and the order he proposes in relation to section 170A(1) of the Criminal Procedure Act 51 of 1977 (CPA), I differ from him in relation to the reasons he advances for not confirming the declarations of invalidity in respect of sections 153(3) and (5), 158(5), 164(1), and 170A(7) of the CPA (the improperly raised provisions).1 [211] In my view, a broader range of factors should inform this Court’s consideration of the interests of justice in confirmation proceedings when the impugned statutory provisions were never properly before the court below. These additional factors reveal that, in this case, the interests of justice would be better served by refusing to confirm the declarations of constitutional invalidity without addressing the constitutionality of the improperly raised provisions. This Court’s discretion in confirmation proceedings 1 For reasons explained in this judgment, “the improperly raised provisions” do not include section 170A(1) of the CPA. I will refer to all six sections declared invalid by the High Court as “the invalidated provisions”. 107