NGCOBO J
issues that it had raised were relevant to the two cases. As a result, a number of these
issues fell away and the court ultimately considered the constitutional validity of the
invalidated provisions only. It found these provisions to be inconsistent with section
28(2) of the Constitution and declared them invalid. The confirmatory proceedings
relate to this declaration of invalidity.
[19] In addition, the High Court made declaratory orders concerning the priority to
be given to the investigation and prosecution of cases involving children; the
assistance of intermediaries and the use of electronic devices for children testifying in
courts; and the entitlement of children to trials conducted by court officials with
adequate skills in dealing with children to handle cases involving children.
Furthermore, the High Court issued supervisory orders against the Minister, the
National Commissioner of South African Police Services and the Director of Public
Prosecutions to address the matters dealt with in the declaratory orders and to report to
it a year later on the steps taken in that regard.17
[20] These cases were thereafter referred to this Court for confirmation of orders of
invalidity in terms of section 172(2)(a) of the Constitution. Hence the confirmatory
proceedings and the appeal by the Minister. The Minister lodged the notice of appeal
as well as the application for leave to appeal against the declaratory and supervisory
orders late. Each of these requires a condonation application. None was sought in
17
These orders are set out fully in n 125 and 129 below.
11
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