NGCOBO J doubts as to whether the constitutional amendment had been enacted in accordance with the Constitution. A question then arose as to whether this Court should investigate the issue. The Court held that the issue raised important constitutional questions and concluded that “[i]t is in the interests of justice that these important issues, which may well have a bearing on the validity of Twelfth Amendment, be investigated.”38 [43] It must be stressed that the constitutional issue sought to be raised must arise on the facts of the case before the court. In addition, the parties must be afforded an adequate opportunity to deal with the issue. A court may not ordinarily raise and decide a constitutional issue, in abstract, which does not arise on the facts of the case in which the issue is sought to be raised. A court may therefore, of its own accord, raise and decide a constitutional issue where (a) the constitutional question arises on the facts; and (b) a decision on the constitutional question is necessary for a proper determination of the case before it; or it is in the interests of justice to do so. The question is whether these requirements were met in these cases. It is to that question that I now turn. Was it appropriate to decide these constitutional issues? Mr Mokoena 38 Matatiele 1 above n 25 at para 68. 23