NGCOBO J [46] The second judgment of the High Court makes it plain that the requirements set out above were not met. The High Court took the view that if the conviction or otherwise of Mr Mokoena could be confirmed without our decision on the constitutional issues raised by it, it was “obviously in the interest of the victim and of the accused that the next step in the proceedings should be taken as soon as possible.”40 It concluded that the conviction could be confirmed without our decision on the constitutional issues that it had raised. In effect, the High Court held that a decision on the constitutional issues that it had of its own accord raised and decided, was not necessary to confirm the conviction of Mr Mokoena. This conclusion by the High Court is in stark contrast to the finding it made in its reported judgment, namely, that the “constitutional matters needed to be decided before the questions of the correctness of the convictions could be addressed.”41 [47] Apart from this, the High Court was rightly concerned about the delay in this matter. When the matter was referred to the High Court a great deal of delay had already occurred. And when the High Court raised the constitutional issues and heard argument on them, there was a further delay which the High Court candidly acknowledged.42 A decision on the constitutional issues was bound to result in further delays as it carried with it the possibility of a referral of orders of invalidity to this Court for confirmation which, in itself, would have resulted in a further delay. Having regard to this and to the fact that a decision on those issues was not necessary to 40 Above n 18 at p 19. 41 Above n 10 at para 25. See also paras 26-8. 42 Id at paras 15-8. 25