SKWEYIYA J not consider their validity, uncertainty as to their constitutionality may linger. This concern is overstated and exaggerated. Although this Court acted in Zantsi to prevent uncertainty where the constitutional issues raised were irrelevant, the potential uncertainty in that case related to the jurisdiction of provincial and local divisions of the Supreme Court to enquire into the validity of Acts of Parliament passed prior to the enactment of the Constitution.7 The uncertainty avoided was more substantial and potentially far-reaching than the uncertainty that could arise in this case. [217] Furthermore, the language of sections 172(2)(a) and 167(5) of the Constitution does not indicate that confirmation proceedings are compulsory in all circumstances. It seems to me that if these sections were intended to impose on this Court an obligation to hear confirmation proceedings and prevent uncertainty in all instances, the language could easily have reflected this intention. Those sections also make clear that any declaration of invalidity will have no force unless confirmed by this Court. Legally, therefore, there is no uncertainty as to the effect of a declaration of invalidity that has not been confirmed by this Court: it has no force. [218] Moreover, any concern about the manner in which these provisions will be applied in the future if the constitutionality of the provisions is not addressed by this Court can be overcome in ways that do not entail the constitutional review of provisions divorced from factual context. In this case, to prfevent any doubts as to the 7 Zantsi v Council of State, Ciskei and Others [1995] ZACC 9; 1995 (4) SA 615 (CC); 1995 (10) BCLR 1424 (CC) at para 8. See also Sibiya and Others v Director of Public Prosecutions: Johannesburg High Court and Others [2005] ZACC 6; 2005 (5) SA 315 (CC); 2005 (8) BCLR 812 (CC) at para 44; and Van der Merwe v Road Accident Fund and Another [2006] ZACC 4; 2006 (4) SA 230 (CC); 2006 (6) BCLR 682 (CC) at para 21. 110