MOKGORO J Invalidity of the Provision; Argument Regarding Suspension of Invalidity [81] Having concluded that section 2(1) of the Act, read subject to the definition of indecent or obscene material in section 1 of the Act, is overbroad such that it unreasonably and unjustifiably violates the right to freedom of expression embodied in section 15 of the Constitution, and having further concluded that the impugned section cannot be saved by restrictive interpretation, I hold that it is inconsistent with the Constitution. One might wonder what is the fate of the Act itself, once section 2(1) is struck from it. The prohibition contained in that section is plainly the operational heart of the statute, the balance of which consists only of various definitions (section 1), exemptions (section 2(2)), procedural and jurisdictional provisions (sections 3, 4 & 4A), and the short title (sections 5). Nevertheless, because the question referred seeks our judgment only as to the constitutionality of section 2(1), we need express no opinion regarding the fate of the rump of the Act. [82] In the course of argument on behalf of the intervening parties, and on behalf of amici People Opposing Women Abuse, et al, and the Christian Lawyers Association, this Court was urged to exercise its power under the proviso to section 98(5) to keep the Act temporarily alive, in the event that it should make a finding of invalidity. The Court is empowered to declare a law invalid to the extent that it is inconsistent with the Constitution, provided that it may: [I]n the interests of justice and good government, require Parliament or any other competent authority, within a period specified by the Court, to correct the defect in the law or provision, which shall then remain in force pending correction or the expiry of the period so specified. [83] Such a suspended declaration of invalidity is not lightly to be indulged, since it preserves fully operational a statute in the face of this Court’s considered finding that the law violates the Constitution. Probably the predominant consideration in determining whether to suspend a 46