NGCOBO J
Amendment Act3 (the Sexual Offences Amendment Act) introduced certain
amendments to the Criminal Procedure Act4 (the CPA). The amendments that are
relevant to these proceedings are those that concern the protection to be given to child
complainants when giving evidence in criminal proceedings involving sexual
offences.
[3]
The central question presented in these consolidated cases is whether the
provisions of the CPA that concern the protection to be given to child complainants in
criminal proceedings involving sexual offences provide protection consistently with
section 28(2) of the Constitution. In particular, the question presented is whether the
provisions of sections 153(3) and (5) (proceedings in camera),5 158(5), (the duty to
give reasons for refusing to allow a child to give evidence by means of closed circuit
television),6 164(1) (testifying without taking an oath or the affirmation), 7 170A(1)
(testifying through an intermediary)8 and (7) (the duty to give reasons for refusing to
appoint an intermediary)9 of the CPA are consistent with section 28(2) of the
Constitution. These provisions will be referred to collectively as the invalidated
provisions. This is an important constitutional question for it concerns persons who
“A child’s best interests are of paramount importance in every matter concerning the child.”
3
Act 32 of 2007.
4
Act 51 of 1977.
5
See [134] below.
6
See [152] below.
7
See [163] below.
8
See [86] below.
9
See [153] below.
3