NGCOBO J needs, wishes and feelings.” 112 Sensitivity requires the child’s individual needs and views to be taken into account.113 The exercise of judicial discretion in the appointment of an intermediary allows a judicial officer to assess “the individual needs, wishes and feelings” of each child. This, in my view, conforms to the principle that the best interests of the child must be of paramount importance in matters concerning the child. [124] In a matter involving a child, the conferral of judicial discretion enables courts, on a case-by-case basis, to determine whether the services of an intermediary are required. What must be emphasized is that section 170A(1) deals with witnesses generally who are under the age of 18 years. This includes complainants in sexual offence cases, child witnesses to sexual offence cases and witnesses to other offences generally. The nature of the evidence that the witnesses contemplated in the subsection will give, will therefore vary according to the offence in respect of which they testify. So too will the stress of giving the evidence. This variation will invariably influence the necessity or otherwise of appointing an intermediary. Other factors that are relevant include the level of maturity of the child, the age of the child, the nature of the offence, the independence of the child and the feelings and wishes of the child. [125] A child who is 17 years old who is outspoken and assertive may consider it an affront to his or her dignity to suggest that he or she should testify through an 112 Para 11 of the Guidelines. 113 Para 9(d) of the Guidelines. 65

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