NGCOBO J
They are not required to remain in the courtroom after they have completed their
testimony. However, while the child complainant in a sexual offence case is giving
evidence, the public must be excluded. In these circumstances, the differentiation that
the subsections make between, on the one hand, child complainants in sexual offence
cases and, on the other hand, the child accused, is rationally related to the duration of
time that each is required to spend in the proceedings.
[143] Nor does the differentiation amount to unfair discrimination. The protection
accorded to each child is related to the amount of time each spends in court. While
both remain in court, the public are excluded from the proceedings. And, if for any
reason, the child complainant is required to remain in court after completing his or her
evidence, the public may be excluded under section 153(3).
[144] Another constitutional defect that the High Court found in section 153(3) is that
it makes the exclusion of the public from the proceedings dependent upon a request
by, or on behalf of, the minor complainant’s parent or guardian. A court is not
obliged to draw the attention of the parent or guardian to this provision and the
protection available to the child if the proceedings were in camera, it was argued. As
pointed out earlier, the principle that the best interests of the child are of paramount
importance in all matters concerning the child imposes an obligation on presiding
officers to draw the provisions of section 153(3) to the attention of the complainant’s
parent or guardian.
Paragraph 19 of the Guidelines makes it plain that child
complainants and their parents or guardians have a right to be informed of the
74
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات