NGCOBO J Given the special vulnerability of the child witness, the fairness of the trial accordingly stands to be enhanced rather than impeded by the use of these procedures. In my view, these special procedures should not be seen as justifiable limitations on the right to a fair trial, but as measures conducive to a trial that is fair to all. Is section 170A(1) unconstitutional to the extent that it gives judicial officers discretion whether to appoint intermediaries? [117] The DPP and the amici also challenged the constitutionality of the subsection on the grounds that it leaves the appointment of the intermediary to the discretion of the judicial officer. This is impermissible because it leads to inconsistency in the application of the subsection and this does not afford the children the protection contemplated in section 28(2) of the Constitution and the subsection, it was argued. Reduced to its essence, the contention is that because the discretion is likely to be exercised incorrectly by some judicial officers, the subsection is therefore unconstitutional. [118] The conferral of discretion on judicial officers cannot be unconstitutional simply because some judicial officers may exercise the discretion incorrectly. The question, therefore, is whether the subsection is unconstitutional merely because it confers discretion on judicial officers whether to appoint an intermediary. [119] This Court has recognised that there are obligations in the Bill of Rights that are placed upon the judicial branch that will be violated if placed at the discretion of a 62