[1] It is our Constitutional duty as society and the courts to protect the rights of children as is enshrined in the Bill of Rights and the Constitution of South Africa. Though the best interest of the child is of paramount importance this does not trump other rights as protected by the Bill of Right and the Constitution.

Introduction

[2] It is common cause that this application deals with the limitations posed by section 154 (3) of the Criminal Procedure Act 51 of 1977 (the CPA). The applicants by virtue of a declaratory order sought, propose to either read into or add to section 154 (3).

[3] To this end the applicants seek in their notice of motion the relief as set out below:

"1. An order declaring that, on a proper interpretation, the protections afforded by section 154 (3) of the Criminal Procedure Act 51 of 1977 (the CPA) apply to victims of crime who are younger than 18 years of age;

2. In the alternative, an order  declaring section 154 (3) of the CPA unconstitutional and invalid to the extent that it fails to confer its protection on victims under 18, as well as an order to remedy the defect;

3. An order declaring that, on a proper construction of the provision, child victim, witnesses, accused and offenders do not forfeit the protections of section 154 (3) when they reach the age of 18;

4. In the alternative, an order declaring section 154 (3) of the CPA unconstitutional and invalid to the extent that children subject to it forfeit the protection of section 154 (3) when they reach the age of 18, as well as an order to remedy the defect."