NGCOBO J
provisions of the CPA afford to child complainants, and for the administration of
justice.
[190] In what follows, I set out these concerns, consider whether this Court as the
upper guardian of all minors should investigate these concerns, and determine the
appropriate order.
Concerns about the availability of intermediaries
[191] Our attention was drawn to cases where courts have ordered the appointment of
intermediaries but because none were available, courts have had to postpone cases to
the detriment of child complainants.139 One case, for example, was postponed on 22
August 2007 for the appointment of an intermediary. One year later, an intermediary
had not yet been appointed and the case had to be postponed further.140 The situation
poses a dilemma for concerned judicial officers. The dilemma they face has recently
been described as follows by a Brits Regional Court Magistrate:
“The dilemma is that none of the role players involved are certain as to who is
responsible for ensuring that an intermediary is available on the trial date to assist
these children. It is paramount that clarity be obtained in this regard. The delay in
the demarcation process further contributes to the current dilemma since
intermediaries from outside the Brits region are not willing to assist at this court as
they complain that they are not being paid. The current situation at the local office of
139
See for example S v Kasebedile Case No CC201/05, North West High Court, Mafikeng, 4 October 2005,
unreported and the case of S v Ronny Seboko Case No SH84/06, Brits Regional Court, 2 September 2008,
unreported, which was made available to this Court.
140
Seboko above n 139.
95
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