MOKGORO J Proceedings in the Constitutional Court on 13 May 2003 [12] The orders of invalidity in both matters were referred to this Court for confirmation as required by section 172(2) of the Constitution. The Chief Justice gave directions setting both matters down for hearing on 13 May 2003. He further directed that if the respondents wished to oppose the application or appeal against any of the orders of the High Court they should lodge a notice to that effect on or before 14 April 2003 and arguments by not later than 6 May 2003. Paragraph 6 of those directions stated that: “The respondents are requested to advise the registrar of the Constitutional Court and the Minister of Justice and Constitutional Development by not later than 14 April 2003 whether or not they intend making representations to the Court on the issues raised in these directions. If the respondents do not intend to make representations to the Court, the Minister of Justice is requested in terms of section 8(2) of the Constitutional Court Complementary Act 13 of 1995 to appoint counsel to present argument to the Court on the issues raised in these directions, and in particular, on the government’s attitude to the order made. Such argument must be lodged by not later than 6 May 2003.” [13] By 6 May 2003 no arguments had been lodged by any of the respondents or by the Minister of Justice and Constitutional Development (the Minister). Instructions had apparently not been given to the attorney of record in the State Attorney’s office, who was under the impression that the respondents did not intend to oppose the relief sought by the applicants. In response to an enquiry by the Registrar of this Court, the State Attorney indicated that the Minister had little to contribute to the case as he was not the Minister responsible for the 10