NGCOBO J
14 years. This assumption ignores the principle of constitutional interpretation which
requires courts, where possible, to construe a statute in a manner that promotes the
rights in the Bill of Rights. The achievement of equality is one of the founding values
of our constitutional democracy, a value echoed in the equality provision of the Bill of
Rights (section 9). Section 158(5) must be read, if possible, to promote equality and
not to promote inequality.
[157] To this must be added the principles of accountability, responsiveness and
openness which are part of the founding values of our constitutional democracy.121
These principles require that courts respond to requests for the use of CCTV or similar
electronic media and to account for any decisions they make in this regard. Courts
account by giving reasons for their decisions. The principle of accountability provides
insurance against arbitrariness. The need to give reasons for a decision refusing the
use of CCTV must be read as implicit in section 158(5) unless such a construction is
inconsistent with the subsection. The same is true of section 170A(7).
[158] To construe sections 158(5) and 170A(7) as not requiring the court to furnish
reasons for refusing the use of CCTV or to appoint an intermediary for children over
the age of 14 years, as the case may be, would render these subsections inconsistent
with the Constitution.
Consistent with the settled principle of constitutional
construction, the construction which will bring these subsections within constitutional
bounds must be preferred to that which will not. The importance of the guarantee of
121
Section 1(d) of the Constitution.
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