S v Mokoena, S v Phaswane (CC7/07, CC192/07)
S v Mokoena, S v Phaswane (CC7/07, CC192/07) [2008] ZAGPHC 148; 2008 (2) SACR 216 (T); 2008 (5) SA 578 (T) (12 May 2008)
The court held that the current statutory framework and procedures governing child victims and witnesses in criminal trials are unconstitutional to the extent that they fail to give effect to the paramountcy of children's interests as required by section 28(2) of the Constitution. Discretionary provisions regarding the appointment of intermediaries, exclusion of the public, and use of electronic devices for testimony do not adequately protect children from secondary trauma, alienation, and systemic delays. The court declared sections 170A(1), 153(3) and (5), 158(5), and the proviso to 164(1)…
Source excerpt
- Child Witnesses
- Criminal Procedure Act
- Section 28 Constitution
- Intermediaries
- Closed Court Proceedings
- Speedy Trial