Court to rule on sex offender register

2014-05-05 20:19

(Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The Constitutional Court will rule on Tuesday on the constitutional validity of legislation providing for child sex offenders to be listed in a register.

When the applicant was 14 years old, he pleaded guilty to raping three children and his name was entered into the National Register for Sexual Offenders in terms of Section 50(2) of the Sexual Offences Act.

The matter was subject to an automatic review under the Child Justice Act, and was heard by the Western Cape High Court in Cape Town.

The high court found that the convictions and sentence handed down to teenager were in accordance with justice.

The court then, on its own initiative, inquired into the constitutionality of Section 50(2) of the Act.

It found the provision to be invalid and inconsistent with the Constitution as it did not provide for a court to decide whether a child offender's details should be entered into the register.

It also did not afford the child offender with an opportunity to make representations.

The order was not made retrospectively and its effect was suspended for 18 months to allow the legislature time to rectify it.

The application was made to the Constitutional Court on 6 February this year.

The applicant argues that the effect of Section 50(2) is too broad and that the limitations it puts on the rights of the child offender are substantially disproportionate to its purpose.

Also, if a child offender were given an opportunity to make representations before being placed on the register this would give expression to the guiding principles of the Child Justice Act.

The minister of justice, a respondent in the matter, did not oppose the provision being declared constitutionally invalid, but raised concerns about the high court's proposed remedy.

Childline SA, the Teddy Bear Clinic for Abused Children and the National Institute for Crime Prevention and the Reintegration of Offenders joined the matter as friends of the court.

They argue that Section 50(2) violates the child's right to a fair hearing and infringes on the constitutional principle that a child's best interests are of paramount importance in every matter concerning children.

- SAPA
Read more on:    cape town  |  child abuse
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
3 comments
Add your comment
Comment 0 characters remaining

Inside News24

 
SPONSORED CONTENT
Investment tips you need to know 2015-01-29 14:07

Ever wondered how to assess your future potential liability? Feroz Basa, Senior Portfolio Manager Old Mutual Investment Group, weighs in on all the investment tips you need to know. WATCH.

/News

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

Valentine’s Day gifts – 14 Feb!

Gifts to spoil him and her. While stocks last. Shop now!

Games on Sale!

Save up to 60% on selected games. While stocks last. Shop now!

Up to 30% off All Textbooks

Save up to 30% off an extensive range of prescribed textbooks for all major universities and FET colleges. Shop Now!

Save up to 40% on outdoor accessories!

Tents, sleeping, day packs and more. While stocks last. Shop now!

30% off fragrances

Get 30% off fragrances for him and her. While stocks last. Shop now!

OLX Free Classifieds [change area]

Horoscopes
Aquarius
Aquarius

Today is a good day to connect to your inner needs and try to get things back into a more balanced rhythm. There will be emotional...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.