NGCOBO J
complainants in sexual offence cases are threatened by the non-availability of
intermediaries and related child protection facilities.
[204] During argument, counsel for the Minister was asked why this Court should not
make a supervisory order to address these concerns. He submitted that Parliament has
created a mechanism for addressing this problem and further submitted that a
structural interdict would do the same. Counsel had in mind the provisions of Part 3
of the Sexual Offences Amendment Act. This Part makes provision for the adoption
of the NPF, among other things, “to guide the implementation, enforcement and
administration of this Act”.151 This policy had to be adopted within a year after the
coming into operation of this statute, namely by 16 December 2008. Having regard to
the provisions of Part 3, it is not clear whether the policy framework will address the
concerns raised by these cases. It will probably not as it is concerned with policy
matters. In addition, we were not told whether the policy has been formulated, and if
not, at what stage is the drafting process. In any event, whatever the mandate of the
Committee might be, the supervisory order is concerned with the implementation of
existing legislative provisions for the protection of children.
[205] The concerns raised in these cases require urgent attention. Addressing them
cannot be deferred.
Each child complainant who is denied the assistance of an
intermediary while the policy framework is being developed has his or her
151
Section 62(1)(b) of the Sexual Offences Amendment Act.
102
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