SKWEYIYA J [231] The second additional factor that should inform our enquiry emerges from the manner in which this matter has come before us. It was inappropriate for the High Court to raise the constitutionality of sections that had no bearing on the resolution of the cases before it. The accused had no interest in defending the constitutionality of certain of the invalidated provisions. Their disinterest is confirmed by the fact that they do not appeal against several of the findings of constitutional invalidity.24 [232] Although several amici representing the rights of children have lodged submissions with this Court, such submissions cannot cure the problems that arise when the parties themselves are disinterested in the resolution of the matter. The rights of children are not the only rights implicated in the improperly raised provisions; the rights of accused persons are also at stake. The Court, in adjudicating provisions which seek to balance the competing needs of accused persons and complainants, does not have the benefit of argument from the accused parties before it. [233] The evidence presented by the amici, although troubling, is largely irrelevant to the underlying criminal cases. Indeed, during the hearing, counsel for the third and seventh amici acknowledged that her clients “did not have the luxury of evidence in this case” and were essentially “piggy-backing” on the initiative of a high court judge. 24 The accused do not oppose confirmation of the declarations of invalidity pertaining to sections 153(3), 153(5), 158(5) (except in so far as section 158(5) may have a negative effect on their appeal) and 164(1) of the CPA. By way of example, section 153(5) of the CPA grants discretion to a court to allow a child witness to testify in camera. However, this provision could not have arisen on the facts of the Mokoena and Phaswane matters, as both children who testified were child victims rather than simply child witnesses. Therefore, the discretion afforded to judicial officers in respect of child-witnesses could not have arisen. 117