NGCOBO J involved, it was in the public interest and the interests of justice that they be dealt with.33 [39] In our adversarial system, courts are required to be impartial and ordinarily only decide issues that the parties have properly raised and are properly before the court in terms of its factual underpinnings. This principle is subject to an exception. A court is not always confined to issues of law explicitly raised by the parties.34 If a litigant overlooks a question of law which arises on the facts, a court is not bound to ignore the question of law overlooked.35 Another equally relevant principle in this regard is that of the separation of powers. Courts should observe the limits of their powers. They should not constitute themselves as the overseers of laws made by the legislature. Ordinarily, therefore, they should raise and consider the constitutionality of laws that are properly engaged before them and where this is necessary for the proper resolution of the dispute before them.36 [40] The High Court correctly identified the circumstances in which a court may, of its own accord, raise and decide a constitutional issue. There are two situations in which a court may, of its own accord, raise and decide a constitutional issue. The first is where it is necessary for the purpose of disposing of the case before it, and the 33 Id at para 28. 34 Alexkor above n 25 at para 44; Paddock Motors (Pty) Ltd v Igesund 1976 (3) SA 16 (A) at p 23-4. 35 Paddock Motors above n 34 at p 24B-D. 36 Glenister v President of the Republic of South Africa and Others [2008] ZACC 19; 2009 (1) SA 287 (CC); Doctors for Life International v Speaker of the National Assembly and Others [2006] ZACC 11; 2006 (6) SA 416 (CC); 2006 (12) BCLR 1399 (CC); President of the Republic of South African and Others v South African Rugby Football Union and Others [1999] ZACC 11; 2000 (1) SA 1 (CC); 1999 (10) BCLR 1059 (CC); Ex parte Chairperson of the Constitutional Assembly: in re certification of the Constitution of the Republic of South Africa, 1996 [1996] ZACC 26; 1996 (4) SA 744 (CC); 1996 (10) BCLR 1253 (CC). 21