NGCOBO J Second, the duty of all superior courts including this Court (as the upper guardian of all minors) – if any – to investigate any failure to implement these provisions which deny child complainants the protection they constitutionally deserve, once any failure to do so is brought to the Court’s attention. These cases are therefore fundamentally about the administration of justice in those courts in which child complainants of sexual offences appear to testify. [6] It is these questions that we must answer. [7] They arise out of the convictions of Messrs Phaswane and Mokoena (together referred to as the accused), who were each charged in a regional court, with the rape of a child. The High Court judge before whom these matters came for sentence, of his own accord, raised the constitutional validity of certain provisions of the CPA. He called upon the accused, the state (including government ministers) and various nongovernmental organisations that look after the interests of children, to submit written argument on the constitutionality of certain provisions of the CPA including sections 153, 158, 164(1) and 170A. The court eventually found that sections 153(3) and (5), 158(5), 164(1) and 170A(1) and (7) were inconsistent with section 28(2) of the Constitution. It held that the protection they provide falls short of that required by section 28(2). It accordingly declared them invalid.11 The court also issued declaratory and supervisory orders concerning the rights of child complainants and child witnesses. 11 Id at para 185. 5