NGCOBO J Nor does the answer lie in making the appointment compulsory unless the circumstances of the child dictate otherwise. This may well undermine the right of the child to be treated as an individual with his or her individual needs, wishes and feelings. A child who wishes to testify on his or her own may have to convince the court of this fact. [128] The answer, in my view, lies in the proper interpretation and application of sections 170A(1) and 170A(3). These subsections contemplate that in all cases of sexual offences involving a child complainant, the court will enquire into the desirability or otherwise of appointing an intermediary. This enquiry must be conducted with due regard to the principle that the child’s best interests are of paramount importance in criminal proceedings concerning a sexual offence against a child. [129] For all these reasons, the discretion conferred on the judicial officers on whether to appoint an intermediary is not inconsistent with section 28(2). It follows, therefore, that the challenge based on discretion must be rejected. [130] To conclude, therefore, section 170A(1) is designed to ensure the paramountcy of the best interests of the child complainant in criminal proceedings in which the child testifies. Properly interpreted and applied in the light of section 28(2) of the Constitution and its objective, as it must be, the subsection achieves that end. It does not exclude the protection that section 28(2) requires to be afforded to children. 67