MOKGORO J referred to this Court in terms of section 172(2)(a) of the Constitution which provides: “The Supreme Court of Appeal, a High Court or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court.” This Court is now required to confirm that order before it comes into operation and is of any force and effect. Up to now this Court has not had to confront the question as to whether or not a court can declare legislation invalid which has been passed by Parliament and assented to by the President but which has not yet been brought into force, nor did counsel address this issue either in written argument or in oral submissions before this Court. [32] This case is a section 172 confirmation matter. In the President, Ordinary Court Martial case,30 this Court had to decide whether it is obliged to hear matters referred to it under section 172 or whether it has a discretion to do so.31 Langa DP (as he then was) held that subsection 172(2) does not expressly provide that this Court is obliged to determine such appeals or matters which come for confirmation. He held that while it is clear that the confirmation procedure in section 172 exists to provide certainty, and that in general this Court will be required to hear and determine such proceedings, subsection 30 President, Ordinary Court Martial above n 17. 31 Id at para 14. 21