NGCOBO J discretion in each case to assess whether, having regard to the nature of the evidence to be given and the age of the child, the proceedings should be held in camera or whether the child should testify in camera. However, these considerations must always be balanced against the need for all witnesses to testify in an open court and for all proceedings to be held in an open court consistently with the principle of open justice. [147] The principle of open justice is an important one which this Court has recognised.118 In Shinga, this Court said the following of and concerning the principle of open justice: “Seeing justice done in court enhances public confidence in the criminal-justice process and assists victims, the accused and the broader community to accept the legitimacy of that process. Open courtrooms foster judicial excellence, thus rendering courts accountable and legitimate. Were criminal appeals to be dealt with behind closed doors, faith in the criminal justice system may be lost. No democratic society can risk losing that faith. It is for this reason that the principle of open justice is an important principle in a democracy.”119 [148] And this brings me to the role of judicial discretion in sections 153(3) and 153(5). 118 Independent Newspapers (Pty) Ltd v Minister for Intelligence Services (Freedom of Expression Institute as Amicus Curiae) In re: Masetlha v President of the Republic of South Africa and Another [2008] ZACC 6; 2008 (5) SA 31 (CC); 2008 (8) BCLR 771 (CC) at paras 39-42; Shinga v The State (Society of Advocates, Pietermaritzburg Bar, as Amicus Curiae); O’Connell and Others v The State [2007] ZACC 3; 2007 (4) SA 611 (CC); 2007 (5) BCLR 474 (CC) at para 26; and South African Broadcasting Corporation Ltd v National Director of Public Prosecutions and Others [2006] ZACC 15; 2007 (1) SA 523 (CC); 2007 (2) BCLR 167 (CC) at para 32. 119 Shinga above n 118 at para 26. 76