NGCOBO J [8] The Director of Public Prosecutions, Pretoria (the DPP), who is supported by various amici, is seeking the confirmation of the orders of invalidity. The Minister is opposing the confirmation of those orders. The Minister is also appealing against both the orders of invalidity and the declaratory and supervisory orders. Both the amici and the DPP support the declaratory and supervisory orders. Mr Phaswane and Mr Mokoena are only opposing the confirmation of the order of invalidity as it relates to sections 170A(1) and (7) and 158(5) to the extent that it may negatively impact on their appeal. They are also appealing against the orders of invalidity 8in relation to sections 170A(1) and (7) and 158(5). They support the confirmation of the other orders. [9] With this prelude, I now turn to the facts. Factual background [10] Mr Phaswane was charged in the regional court, sitting at Pretoria North, with the rape of a 13 year old girl. She was the younger sister of the woman that Mr Phaswane was living with as his wife. The alleged rape occurred on 29 January 2005. After a number of postponements, the trial eventually got underway on 3 March 2006. Mr Phaswane pleaded not guilty. The child gave her evidence in camera. She testified without the assistance of an intermediary, nor through the aid of closed circuit television (CCTV) or a similar device. 6