NGCOBO J investigation and prosecution of criminal cases involving children,126 the right to be assisted by an intermediary and to make use of electronic and other devices when giving evidence,127 and the entitlement to have trials conducted by officials who have expertise in dealing with children.128 In addition, it made mandatory and supervisory orders.129 I will deal with the latter orders later. [173] The Minister is also appealing against these orders. The Minister submitted that: first, these orders dealt with matters that were not before the High Court; second, the orders had no direct connection with the cases before the High Court; third, the scope of the orders went beyond issues that the parties had been required to deal with staff and other participants who have adequate expertise to deal with children as such witnesses or complainants.” 126 Id at para 8 of the order. 127 Id at para 9 of the order. 128 Id at para 10 of the order. 129 Paragraphs 11–16 of the order provide: “11. It is noted that the Criminal Justice System faces critical systemic challenges; 12. The Minister of Justice is ordered to refer the matters addressed in paragraphs 8, 9 and 10 above to the Inter-Sectoral Committee responsible for the development of the National Policy Framework with the instruction to address the systemic shortcomings as part of such framework, where possible with the co-operation of such NGOs as are willing and able to assist the Committee; 13. The National Commissioner of the South African Police Services and the Director of Public Prosecutions are ordered to consider the matters addressed in paragraphs 8, 9 and 10 above as part of their directives to be issued in terms of section 66 of Act 32 of 2007 in order to eliminate existing shortcomings, where possible with the co-operation of NGOs willing and able to assist the Commissioner and the Director; 14. The Minister, the National Commissioner of the South African Police Services and the Director of Public Prosecutions are ordered to report to the court one year from the date of this order and inform the court and the parties and amici of the progress made in addressing existing backlogs; 15. The parties and the amici are given leave to approach the court within thirty days after receipt of such reports with a request to raise further issues with the court, should such be necessary; 16. This matter is referred to the Honourable Constitutional Court.” 87

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