SKWEYIYA ADCJ [12] The state respondents11 do not oppose the confirmation of the High Court‘s order. They acknowledge that the provision imposes an unjustifiable limitation on the offender‘s right to be heard and, consequently, on his or her right to a fair trial. The state respondents argue, however, that the High Court‘s order is overbroad in two respects. First, the High Court inaccurately declared the entirety of section 50(2) unconstitutional when its declaration should have extended only to section 50(2)(a) and not section 50(2)(b) as well. Second, the High Court‘s order ostensibly extends to adult offenders. While in written submissions it was argued that a similar challenge to the rights of adults might not withstand constitutional scrutiny, in oral argument the state respondents argued that the issues before the High Court concerned only child offenders. Accordingly, the declaration of constitutional invalidity should have been limited exclusively to child offenders. [13] The amici curiae (friends of the Court) are Childline South Africa, the Teddy Bear Clinic for Abused Children and the National Institute for Crime Prevention and the Reintegration of Offenders.12 They support the confirmation of the High Court‘s order of invalidity. They argue, however, that the Court erred in not holding that the provision infringed unjustifiably on the applicant‘s right in terms of section 28(2) of the Constitution. Individual assessments of child offenders are required to cure the 11 During the hearing in this Court, counsel for the second respondent, the Minister of Justice and Constitutional Development (Minister), indicated that she had been briefed to make her oral submissions on behalf of the National Director of Public Prosecutions (NDPP or first respondent) as well as the Minister, the latter on whose behalf her written submissions had been filed. For convenience‘s sake, I will refer to the first and second respondents together as the ―state respondents‖. 12 The three amici curiae are all non-profit organisations that provide support services and programmes to children. 9