NGCOBO J [14] Before the commencement of the trial, the state made an application in terms of section 170A(1) to lead the evidence of the child complainant with the aid of an intermediary. In support of the application, the state submitted that “if she testifies in open court she would be subjected to undue emotional stress.” The application was based on the age of the child and the nature of the charges. A social worker had apparently interviewed the child after the rape and had recommended the appointment of an intermediary. The application was unopposed. An intermediary, Ms Sarah Novodia Mhlanga, an educator of some six years experience, who was readily available in court, was appointed. The child testified through the intermediary. [15] Mr Mokoena’s case too was referred to the High Court in Pretoria for sentence. [16] These two cases came before Bertelsmann J in the High Court in Pretoria. He took the view that these cases raised similar constitutional issues pertaining to the protection of child complainants and child witnesses. He accordingly consolidated them and formulated the constitutional issues that he perceived the cases raised. These issues related to the constitutional validity of some 14 provisions of the CPA including the provisions of section 52 of the CPA. He formulated the constitutional issues in his directions of 15 August 2007 and called for “submissions from the affected parties or interested parties that may be admitted as amici curiae . . .” directing the attention of those invited to the fact that: “Submissions should deal specifically with the separate sections of the Criminal Procedure Act that affect child victims and child witnesses, such as sections 153, 154, 158, 161, 164, 165, 166, 167, 170A, 186, 191A, 192 and 194, examine their 9