MOKGORO J 172(2) does not require this Court in all circumstances to determine matters brought to it under that subsection.32 In that case the legislation that had been declared invalid by the High Court had been repealed prior to reaching this Court for confirmation. As a decision on the constitutional invalidity of that legislative provision would have no practical effect on the parties to the litigation and there were no considerations of public policy involved, the Court declined to hear the matter referred to it.33 Similarly in Independent Electoral Commission v Langeberg Municipality34 Yacoob J and Madlanga AJ held that if a confirmation order will have no practical effect, this Court will not exercise its discretion under section 172 in favour of confirmation.35 The fact that section 4B(b)(ii) as it appears in section 3 of the Welfare Laws Amendment Act has not yet been brought into force is a matter to which I return later in this judgment. The tender by the state [33] At the second hearing of this matter before this Court on 30 May 2003 the respondents conceded that, as a matter of law, children who are South African citizens should not be denied access to child-support grants and that a provision in legislation which denies such children access because their 32 Id at para 16. 33 Id at paras 16-18. 34 2001 (3) SA 925 (CC); 2001 (9) BCLR 883 (CC) at para 11. 35 In the case of JT Publishing (Pty) Ltd and Another v Minister of Safety and Security and Others 1997 (3) SA 514 (CC); 1996 (12) BCLR 1599 (CC) at para 15 Didcott J made reference to the wellestablished and uniformly observed judicial policy directing courts not to exercise their discretion in favour of deciding points that are merely abstract, academic or hypothetical. 22