NGCOBO J the desirability of appointing an intermediary. This is even more so because the child complainants are not parties to the proceedings but have constitutional rights which must be protected by the court. The nature of the enquiry that is required is not akin to a civil trial which attracts a burden of proof. It is an enquiry which is conducted on behalf of the interests of a person who is not party to the proceedings but who possesses constitutional rights. It is therefore inappropriate to speak of the burden of proof being placed upon a party to an application for an intermediary, as some High Courts have done. [115] In S v F,102 for example, the court equated an enquiry into the desirability of appointing an intermediary with a trial in which the state bears the burden of proof to establish the need for the appointment of an intermediary on a balance of probabilities.103 I am unable to agree with this view. This approach to the enquiry overlooks the objectives of the enquiry. The overriding consideration at that enquiry is to prevent the child from exposure to undue stress that may arise from testifying in court. What is required of the judicial officer is to consider whether, on the evidence presented to him or her, viewed in the light of the objectives of the Constitution and the subsection, it is in the best interests of the child that an intermediary be appointed. [116] Following the approach outlined here not only protects child complainants from unnecessary trauma, it helps to ensure that the trial court receives evidence that is more freely presented, more likely to be true and better understood by the court. 102 Above n 91. 103 Id at 583G-I. 61

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