NGCOBO J respect of the notice of appeal; one was sought in respect of the leave to appeal. This is dealt with below in paragraphs 28 to 29. [21] The DPP and amici presented factual material to both the High Court and this Court on the current status of the implementation of the invalidated provisions. This material focused on: the availability of intermediaries and the adequacy of their training; the training of prosecutors; and the lack of court facilities for child complainants in sexual offence cases. This material raises some concern about the proper implementation of the invalidated provisions, and, in particular, the role of this Court to investigate these factual allegations. Counsel for the Minister was invited to address argument in this regard and the desirability of a structural injunction, if need be. [22] To complete the narrative, I should refer to events that took place subsequent to the referral of the orders of invalidity to this Court and those that occurred subsequent to the hearing in this Court. In the course of oral argument in this Court, it emerged for the first time that the judge who had referred the orders of invalidity to this Court had, in the meantime, confirmed the conviction of Mr Mokoena and thereafter postponed his case for sentence. Counsel for the DPP kindly undertook to furnish us with a transcript of those proceedings and the judgment, if one was available. Indeed, subsequent to the hearing she furnished us with the transcript of the proceedings held on 24 October 2008 and more recently, with a copy of the judgment of the High Court 12

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