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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