NGCOBO J [135] Sections 153(3) and 153(5) deal with holding proceedings in camera (the exclusion of the public from the proceedings). Section 153(3) provides that the public may be excluded from criminal proceedings relating to a charge of any sexual offence or any of the offences mentioned in section 153(3) upon the request of the complainant or the guardian or parent of a minor complainant. However, the decision whether to exclude the public from the proceedings lies within the discretion of the judicial officer. Section 153(5) deals with other child witnesses, and places the discretion to hold proceedings in camera solely in the hands of the court. By contrast, proceedings involving a child accused are always held in camera. The High Court held that these subsections make a differentiation particularly in the case of sexual offences which “appears to be lacking in rational justification and therefore discriminates unfairly between a child accused and child victims and child witnesses.”115 [136] In attacking the declaration of invalidity in respect of sections 153(3) and 153(5), the Minister, in oral argument, relied heavily on the provisions of section 153(3A). It was submitted that this subsection protects the child complainant in sexual offence cases by requiring that the child testify in camera. The Minister further submitted that the discretion given to courts to decide whether proceedings should be held in camera is necessary to enable courts to weigh up competing interests. The competing interests involved were said to be the requirements of open 115 Above n 10 at para 108. 70