NGCOBO J
The case in question has been remanded until 21 OCTOBER 2008 for the relevant
authorities to reply in writing to the court or to give oral evidence before this court
i.t.o. section 342A of [the Criminal Procedure Act].”143
[193] The factual material submitted by the DPP and the amici reveals the following
further disturbing facts.
Availability of sexual offences courts
[194] The DPP in Pretoria indicated that in February 2003, 29 specialist sexual
offences courts were functioning. By February 2007 the statistics indicated that there
were about 75 of these courts, but only 52 were still sitting and dealing only with
sexual offence cases. This correlates with the findings of Reyneke and Kruger that 54
courts were operating in 2005.144 This finding indicates that there has been a decline
in the number of functioning sexual offences courts since 2005. The DPP has also
deployed 68 court preparation officers to help prepare child witnesses for the
procedures and rigours of testifying in court. While 71 more officers are to be
appointed on a needs analysis, there is no indication of whether this supply is meeting
the demand of the criminal justice system.
Facilities for the use of intermediaries
[195] The DPP in Pretoria also provided us with the results of several surveys
undertaken to comply with the High Court’s investigation into the constitutionality of
143
Seboko above n 139.
144
Reyneke & Kruger “Sexual Offences Courts: Better justice for children?” (2006) 31(2) Journal for Juridical
Services 73.
97
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