NGCOBO J section 28(2) and section 170A(1). Indeed, it is inconsistent with Article 3(1) of the CRC. It must therefore be rejected. [111] What the subsection contemplates is that a child will be assessed prior to testifying in court in order to determine whether the services of an intermediary should be used. If the assessment reveals that the services of an intermediary are needed, then the state must arrange for an intermediary to be present in court when the accused goes on trial. At the commencement of the trial, the state must then apply under the subsection for the appointment of an intermediary. Indeed, this is the procedure that was followed in the Mokoena matter. The child was assessed by a social worker prior to testifying in court. Following that assessment, the social worker recommended that an intermediary should be appointed. On the date of the trial, and before the child testified, the state applied for the appointment of an intermediary. [112] This is the procedure that should ordinarily be followed in all matters involving child complainants in sexual offence cases. If this procedure were to be followed as a matter of practice, this would ensure that the objectives of both the subsection and section 28(2) are achieved. This should become a standard pre-occupation of all criminal courts dealing with child complainants in sexual offence cases. To the extent that current practice may fall short in this regard, proper regard for constitutional rights of children means that in every criminal trial in which a child complainant in a sexual offence case is to testify, the court must enquire into the need for the 59