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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