How can a child or a person with a mental disability testify in court?

Children or mentally disabled persons under the mental or biological age of eighteen (18) years who would be exposed to undue mental stress or suffering if they were to testify in an open court, may testify through an intermediary. For this to happen, the prosecutor will have to prove to the court that the child will experience undue mental stress or suffering during the court process.

The intermediary conveys the questions from the prosecution, the defence or the magistrate to the witness in a way that is sensitive and understandable to the witness. Such a witness only talks to the intermediary during the court proceedings and gives evidence in a room separate from the courtroom.

You can find more information about the process on the website of the Department of Justice and Constitutional Development.

More information about the proceedings in court can be found in a brochure compiled by the National Prosecuting Authority.

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