MADLANGA J parties proceeded is not wrong. That notwithstanding, in a given case circumstances may be such that a court must raise and determine the legal point underlying the assumption. Since courts are ordinarily required to decide only issues properly raised, constitutional issues should only be raised mero motu in exceptional circumstances: “The first is where it is necessary for the purpose of disposing of the case before it, and the second is where it is otherwise necessary in the interests of justice to do so. It will be necessary for a court to raise a constitutional issue where the case cannot be disposed of without the constitutional issue being decided. And it will ordinarily be in the interests of justice for a court to raise, of its own accord, a constitutional issue where there are compelling reasons that this should be done. ... It is neither necessary nor desirable to catalogue circumstances in which it would be in the interests of justice for a court to raise, of its own accord, a constitutional issue. This is so because this depends upon the facts and circumstances of a case.”88 [59] The question whether RICA empowers the Minister to designate a Judge falls within both circumstances. First, this Court cannot dispose of the independence issue without considering the nature and manner of designation. And it can do that by analysing the power of designation and all that pertains to its exercise. To do that, it must know everything that pertains to the designation, for example: the exact nature of the powers and functions of a designated Judge;89 the duration of the designation; how that duration comes to an end and the Minister’s role, if any, in that regard; and whether, and to what extent, the designated Judge’s powers are subject to the Minister’s control. It thus becomes necessary for purposes of properly determining this application to deal with the question of the Minister’s power to designate. 88 Id at paras 40-1. 89 This does not appear to present problems as the actual powers or functions are provided for in RICA. In that regard, see sections 7(6), 8(6), 16(4), 16(7), 16(10), 17(3), 18(3), 20(3), 21(3), 22(3), 23(3), 23(7), 23(10)-(12), 24-5 and 58 of RICA. 37