SKWEYIYA J Not having the “luxury of evidence” is no mere technicality. Without casting doubt on the validity of the evidence before us, I am uncomfortable evaluating the improperly raised provisions on the basis of evidence submitted by amici, not as a supplement to the factual evidence before us but as a substitute for it. Institutional implications [234] When conducting the interests of justice enquiry in this case, this Court should reflect upon the effects that its judgment may have on the manner in which cases are litigated and resolved in lower courts. This is the third additional factor which, in my view, must inform this enquiry. Our willingness to consider improperly raised constitutional matters may trigger unfortunate and unintended consequences. [235] Foremost among these potential consequences is that judges may be encouraged to raise irrelevant constitutional issues, no matter how wide the gulf between the constitutional issues and the facts before the court, confident that almost any declaration of invalidity is entitled to constitutional assessment by this Court. This concern extends to the conduct of litigants and lawyers, who may burden the courts with constitutional issues not pertinent to their cases. [236] The consideration of irrelevant constitutional issues threatens the right of parties to a judicial process limited by a threshold of relevance.25 This right is vital in 25 In court proceedings, relevance is a crucial principle that limits the admissibility of evidence, defines the boundaries of pleadings and informs the scope of the judicial function. Schwikkard and Van der Merwe locate the rationale for this foundational common law principle, at least in part, in “the undesirability of a court being 118