NGCOBO J [153] Section 170A(7) provides: “The court shall provide reasons for refusing any application or request by the public prosecutor for the appointment of an intermediary in respect of child complainants below the age of 14 years, immediately upon refusal and such reasons shall be entered into the record of the proceedings.” [154] Section 158 makes provision for a witness or an accused to give evidence by means of CCTV or similar electronic media. This can be done at the request of the state, witness, accused, or at the court’s initiative. An order to this effect may be made if the facilities are readily available. Section 158(5) requires the court to furnish reasons for refusing to make an order in terms of this subsection where a child complainant, who is under the age of 14 years, is involved, and to give those reasons immediately. Section 170A(7) deals with refusal to appoint an intermediary and provides that in the case of a child under the age of 14 years, the court must immediately give reasons for refusing to appoint an intermediary. [155] The High Court found that sections 158(5) and 170A(7) discriminate between children under the age of 14 years and those over the age of 14 years. It held that the subsections are irrational and discriminatory and therefore unconstitutional.120 [156] The finding of unconstitutionality appears to rest on the assumption that the court is not required to give reasons where the refusal relates to a child over the age of 120 Above n 10 at paras 75-8 and 115-26. 79