NGCOBO J Not only that, the Minister is ordered to instruct the Committee on what to do. The court is, therefore, taking part in the formulation and adoption of the policy. In my view, the order interferes with the executive function. Indeed, it amounts to an exercise of an executive function. This in my view constitutes an impermissible intrusion into the domain of the executive. Mandatory order in paragraph 13 [185] The same is true of paragraph 13 of the order. It ordered the National Commissioner of Police and the DPP “to consider the matters addressed in [the declaratory orders] as part of their directives”. The Sexual Offences Amendment Act now empowers these officials of the executive to issue directions or policy dealing with the functioning of their respective departments. The effect of the order is to tell them what should form part of these directives or policy. It is not ordinarily the function of the court to tell the executive how to formulate policy. To do so is to interfere in the functioning of the executive. The function of the courts is to ensure that the executive observes the limits on the exercise of its power. Here too the High Court impermissibly intruded into the domain of the executive. [186] The High Court was no doubt faced with a lamentable situation concerning child witnesses in criminal proceedings involving sexual offences. It had serious concerns about the manner in which justice was being administered in relation to child victims of sexual offences. As will appear below, these concerns had a strong factual foundation. The High Court was understandably and commendably motivated by the 93