NGCOBO J [44] On the facts, the constitutional issues raised and decided by the High Court did not arise in this matter.39 Before the evidence of the complainant was led, the state applied for the appointment of an intermediary citing the complainant’s age and the nature of the charge as the basis for the application. The application was granted. An intermediary was readily available in court and assisted the child to testify. On these facts, the issue of the validity of sections 170A(1) and 170A(7) did not arise. Nor did the validity of sections 153(3) and 153(5) (the in camera provisions), section 158(5) (the CCTV provisions) and section 164(1) (the oath provisions) arise on the facts. When the child testified, the proceedings were in camera. [45] Any doubt as to whether it was appropriate for the High Court to raise and decide the constitutional issues in the Mokoena case is immediately removed by the confirmation of the conviction of Mr Mokoena. 39 The High Court identified the following constitutional issues: (a) The compellability of the child to testify, either with or without the assistance of an intermediary. (b) The child witnesses’ entitlement to the services of an intermediary. (c) The child witnesses and complainant's entitlement to testify in camera. (d) The child witnesses entitlement to testify via an electronic device or closed circuit television. (e) The need for the child witness to be admonished to speak the truth. (f) The competence of the child to testify if it does not understand the concept of telling the truth. (g) Whether, therefore, ss 153, 158, 164 and 170A are constitutionally compatible in their present form. (h) Whether the present availability of intermediaries and electronic devices to enable a child to testify otherwise than in the presence of the alleged perpetrator is constitutionally compatible. (i) Whether a child witness or victim is entitled to the presence of a support person. (j) The constitutional implications of systemic delays affecting the child witness or the child victim. (k) The existing deficiencies in the process should be addressed.” 24