NGCOBO J
suffering that may be caused by testifying in court. This object is consistent with the
principle that the best interests of children are of paramount importance in criminal
trials involving child witnesses. This is apparent from the preamble to the Sexual
Offences Amendment Act which acknowledges that children are among the
particularly vulnerable members of our society. But perhaps more importantly the
preamble recognises that “the Bill of Rights in the Constitution of the Republic of
South Africa . . . enshrines the rights of all people in the Republic of South Africa,
including . . . the rights of children . . . to have their best interests considered to be of
paramount importance”.
[96] Section 170A(1) recognises the context in which a child complainant testifies in
court. It accepts that testifying in court carries with it a certain degree of mental stress
or suffering. Its objective is to reduce to the minimum the degree of stress and create
an atmosphere that is conducive for a child to speak freely about the events relating to
the offence committed against him or her.
The provision of an intermediary is
intended to create this atmosphere. The child conveys his or her experiences to a
person skilled in dealing with children. This person knows how to communicate with
a child and to do so in a manner that is neither intimidating nor embarrassing to the
child. But at the same time, this person is able to communicate what the child has
conveyed to him or her to the adults in court. In short, this person acts as a link to
bridge the communication gap between the child and the court.
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