SKWEYIYA ADCJ defect in the provision. The amici further argue that it was impermissible for the High Court to declare the provision constitutionally invalid in relation to adults. Issues [14] The primary question for determination is whether the High Court‘s declaration of constitutional invalidity should be confirmed. Does the provision limit constitutional rights and, if so, can the limitation be justified in terms of section 36 of the Constitution? If the limitation cannot be justified, the provision must be declared unconstitutional and the Court must determine a just and equitable remedy. [15] Before reaching the rights analysis, a few preliminary issues arise. The second respondent‘s application for condonation for the late filing of its written submissions must be considered before giving a brief overview of the statutory framework. The scope of the confirmation proceedings in this Court must also be clarified: should the proceedings extend to adult offenders as well and should subsection (b) of section 50(2) be included in the constitutional analysis? Condonation [16] The Minister was granted an extension to file his written submissions. Upon refusing a second request for an extension, this Court advised that the Minister would have to seek condonation if he filed his submissions out of time. The submissions were eventually filed 17 court days late. 10