NGCOBO J
which gives the parties and amici leave to approach the High Court, with leave to raise
further issues with the High Court should this be necessary. I believe that the order
made in this Court is an appropriate remedy to address the threat to the rights of child
complainants in sexual offence cases.
Conclusion
[208] In the result, I conclude that—
(a)
the orders of invalidity made by the High Court in Pretoria should
not be confirmed;
(b)
the further declaratory, mandatory and supervisory orders made by
the High Court in Pretoria should be set aside; and
(c)
an order should be issued calling upon the Director-General for the
Department of Justice and Constitutional Development to provide
the information set out in paragraph 206 above. A period of 90 days
should be sufficient to enable the Director-General to assemble and
provide this information.
The National Director of Public
Prosecutions and the amici should be afforded the opportunity to
comment on the information.
Order
[209] In the event, the following order is made:
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