NGCOBO J full argument from the parties.”24 And most recently, and in the context of whether an appeal court can, of its own accord, raise a law point, we held that “[w]here a point of law is apparent on the papers, but the common approach of the parties proceeds on a wrong perception of what the law is, a court is not only entitled, but is in fact also obliged, of its own accord, to raise the point of law and require the parties to deal therewith.”25 [36] The rationale for permitting a court to raise, of its own accord, a constitutional issue is rooted in the supremacy of the Constitution.26 Apart from this, our Constitution contemplates that there will be a coherent system of law based on the Constitution, in particular, the Bill of Rights. Courts have a crucial role to play in developing this system of law with the Constitution as their guide.27 It is the duty of all courts to uphold the Constitution and a court may thus raise a constitutional issue of its own accord.28 [37] The real question in this case therefore is: when may a court raise, on its own, a constitutional issue? 24 Id at para 39. 25 CUSA v Tao Ying Metal Industries and Others [2008] ZACC 15; 2009 (1) BCLR 1 (CC) at para 68. See also Matatiele Municipality v President of RSA (No 1) [2006] ZACC 2; 2006 (5) SA 47 (CC); 2006 (5) BCLR 622 (CC) at para 67; Alexkor Ltd v The Richtersveld Community [2003] ZACC 18; 2004 (5) SA 460 (CC); 2003 (12) BCLR 1301 (CC) at para 44. 26 As we pointed out in Matatiele 1, this would be contrary to the supremacy clause of the Constitution which proclaims the supremacy of the Constitution and declares law or conduct inconsistent with it invalid. Matatiele 1 at para 67 and Alexkor at para 43. 27 Daniels v Campbell and Others [2004] ZACC 14; 2004 (5) SA 331 (CC); 2004 (7) BCLR 735 (CC) at para 45. 28 CUSA per O’Regan J above n 25 at para 132. 19