NGCOBO J (section 9(3)), for it found that the differentiation is both irrational and constitutes unfair discrimination. The High Court did not conduct the limitation analysis. This Court has, in the past, emphasised the importance of identifying the specific provision of the Bill of Rights that has been infringed. The question of whether a right in the Bill of Rights has been violated generally involves a two-pronged enquiry. The first enquiry is whether the invalidated provision limits a right in the Bill of Rights. If the provision limits a right in the Bill of Rights, this right must be clearly identified. The second enquiry is whether the limitation is reasonable and justifiable under section 36(1) of the Constitution.117 Courts considering the constitutionality of a statutory provision should therefore adhere to this approach to constitutional adjudication. [142] The child complainant and the child accused are not similarly situated. What distinguishes the child accused from the child complainant is that the child accused must remain in court throughout the proceedings. The child accused is entitled to hear all the evidence against him or her so as to confront it. Indeed, one of the fair trial rights of an accused is the right “to be present when being tried.” To the extent that the child accused is obliged to remain in court throughout the entire proceedings, the proceedings must be in camera. By contrast, child complainants are not so obliged. 117 Section 36(1) provides: “The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the relation between the limitation and its purpose; and (e) less restrictive means to achieve the purpose.” 73