NGCOBO J
availability of protective measures. The same considerations require the presiding
officer to provide any other child witness the protection contemplated in section
153(5). This is more so because the subsection contemplates that the presiding officer
shall act of his or her own initiative.
[145] It is true that, in the case of other child witnesses, it is not peremptory that they
testify in camera. The matter is left to the discretion of the court. Child witnesses
stand on a different footing from child complainants in sexual offence cases. Child
witnesses may be called to testify on a wide variety of offences ranging from assault,
murder, theft to malicious injury to property. Similarly, the nature of the evidence
that they may be called upon to give may differ remarkably from one case to another.
A boy of 15 years may be called upon to testify that he saw an accused remove a
bicycle from a neighbour’s house. A 17 and a half year old girl may be called upon to
give evidence to the effect that she received a credit card from an accused and swiped
it through a credit card machine. Yet another child may be called upon to testify on
some gruesome murder or sexual offence. The identity of the child complainant is
protected from disclosure by section 154(3). That provision prohibits the disclosure
of the identity of a child complainant.
[146] Given this wide-ranging nature of the evidence that child witnesses in general
may be called upon to give, and the wide-ranging ages of child witnesses, it is
desirable that the question whether proceedings should be held in camera should be
answered on a case-by-case basis. Indeed, it is desirable that courts should have the
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