NGCOBO J
[167] When a child, in the court’s words, cannot convey the appreciation of the
abstract concepts of truth and falsehood to the court, the solution does not lie in
allowing every child to testify in court. The solution lies in the proper questioning of
children; in particular, younger children. The purpose of questioning a child is not to
get the child to demonstrate knowledge of the abstract concepts of truth and falsehood.
The purpose is to determine whether the child understands what it means to speak the
truth. Here the manner in which the child is questioned is crucial to the enquiry. It is
here where the role of an intermediary becomes vital. The intermediary will ensure
that questions by the court to the child are conveyed in a manner that the child can
comprehend and that the answers given by the child are conveyed in a manner that the
court will understand.
[168] As pointed out earlier, questioning a child requires a special skill. Not many
judicial officers have this skill, although there are some who, over the years and
because of their constant contact with child witnesses, have developed a particular
skill in questioning children. This illustrates the importance of using intermediaries
where young children are called upon to testify.
They have particular skills in
questioning and communicating with children. Counsel for the Centre for Child Law
and Childline was quite correct when, in her reply, she submitted that everything
seems to turn upon the need for intermediaries when young children testify in court.
Properly trained intermediaries are key to ensuring the fairness of the trial. Their
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