NGCOBO J
“(3)
In criminal proceedings relating to a charge that the accused committed or
attempted to commit—
(a)
any sexual offence as contemplated in section 1 of the
Criminal Law (Sexual Offences and Related Matters)
Amendment Act, 2007, towards or in connection with any
other person;
(b)
any act for the purpose of furthering the commission of a
sexual offence as contemplated in section 1 of the Criminal
Law (Sexual Offences and Related Matters) Amendment
Act, 2007, towards or in connection with any other person; or
(c)
extortion or any statutory offence of demanding from any
other person some advantage which was not due and, by
inspiring fear in the mind of such other person, compelling
him to render such advantage,
the court before which such proceedings are pending may, at the request of
such other person or, if he is a minor, at the request of his parent or guardian,
direct that any person whose presence is not necessary at the proceedings or
any person or class of persons mentioned in the request, shall not be present
at the proceedings: Provided that judgment shall be delivered and sentence
shall be passed in open court if the court is of the opinion that the identity of
the other person concerned would not be revealed thereby.
(3A)
Any person whose presence is not necessary at criminal proceedings referred
to in paragraphs (a) and (b) of subsection (3), shall not be admitted at such
proceedings while the other person referred to in those paragraphs is giving
evidence, unless such other person or, if he is a minor, his parent or guardian
or a person in loco parentis, requests otherwise.
(4)
Where an accused at criminal proceedings before any court is under the age
of eighteen years, no person, other than such accused, his legal representative
and parent or guardian or a person in loco parentis, shall be present at such
proceedings, unless such person’s presence is necessary in connection with
such proceedings or is authorized by the court.
(5)
Where a witness at criminal proceedings before any court is under the age of
eighteen years, the court may direct that no person, other than such witness
and his parent or guardian or a person in loco parentis, shall be present at
such proceedings, unless such person’s presence is necessary in connection
with such proceedings or is authorized by the court.”
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