NGCOBO J integrity and skill will be vital in ensuring both that innocent people are not wrongly convicted and that guilty people are properly held to account. [169] The conclusion by the High Court that the proviso to section 164(1) violates section 28(2) of the Constitution cannot, therefore, be sustained. Conclusion on orders of invalidity [170] I conclude, therefore, that properly construed, the invalidated provisions are not inconsistent with the Constitution. It follows that the orders of invalidity cannot be confirmed. [171] What now remains to be considered is whether the declaratory, mandatory and supervisory orders made by the High Court should be set aside as contended for by the Minister. Declaratory orders in paragraphs 8–10 [172] In addition to orders of invalidity, the High Court made further declaratory orders in paragraphs 8–10 of its order. 125 These related to priority to be given in the 125 Paragraphs 8–10 of the order provide: “8. It is declared that criminal trials in which children are involved as complainants or witnesses must, in terms of section 28(2) of the Constitution, be given as much priority in the investigative and prosecution phases as the available resources permit; 9. It is declared that children who appear as complainants or witnesses in criminal trials have the right, in terms of section 28(2) of the Constitution, to be assisted by an intermediary and to make use of electronic devices such as closed circuit television while giving evidence to the extent that available resources permit; 10. It is declared that children who are involved as complainants and witnesses in criminal trials are entitled to have these trials conducted by presiding officers, prosecutors, court 86