Section 133: Right to public trial—Appellant was charged with rape. On appeal, he
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
133. Right to public trial—Appellant was charged with rape. On appeal, he
challenged the decision of the trial court to have allowed the complainant, in
terms of section 161A of the Courts Act, to depose in camera , even though
he was present, arguing that this was in breach of section 10 (9) of the
Constitution, which requires court proceedings to be held in public as a general rule.
HELD the general rule set down in 10 (9) of the Constitution is qualified
by the words “except with the agreement of all parties”. It has become an
accepted practice for trial courts to favourably allow requests to hear victims
of sexual offences in camera. Section 161A of the Courts Act and section 10 of the Constitution permit the Court, on its own initiative and in
cases akin to the present one, to hear a complainant “in camera” even where
no motion is made by the prosecution. Veerasawmy v State (2005).