Sexual Offences Act before ConCourt

2014-02-06 09:45
(Picture: Sapa)

(Picture: Sapa)

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

Johannesburg - The Constitutional Court will hear an application on Thursday for confirmation of an order granted by the Western Cape High Court which declared part of the Sexual Offences Act unconstitutional.

The Western Cape High Court declared section 50(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act (Sexual Offences Act) unconstitutional.

The applicant, who admitted to raping three minor children while he himself was still a minor, was sentenced in terms of the Child Justice Act and his name was entered into the National Register for Sexual Offenders in terms of section 50(2) of the Sexual Offences Act.

The Western Cape High Court held that the applicant's convictions and sentence were in accordance with justice.

Of its own accord, it proceeded to inquire into the constitutionality of section 50(2) of the Sexual Offences Act.

The court found that section 50(2) is invalid and inconsistent with the Constitution to the extent that it does not allow a court to decide whether a child offender's details should be entered into the register, or provide the opportunity for a child offender to make representations.

The order was not made retrospective and its effect was suspended for 18 months to afford the Legislature time to rectify the unconstitutionality of the provision.

The Minister of Justice and Constitutional Development, Jeff Radebe, who is the second respondent in the matter, does not oppose the confirmation of the order of constitutional invalidity, but argues that the remedy ordered by the High Court is problematic.

The amici curiae (friends of the Court), Childline South Africa, the Teddy Bear Clinic for Abused Children and the National Institute for Crime Prevention and the Reintegration of Offenders, argue that in addition to violating the right to a fair hearing, the challenged provision infringes the constitutional principle that a child's best interests are of paramount importance in every matter concerning the child.

- SAPA
Read more on:    legislation  |  child abuse  |  youth
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
13 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Joburg hot spots for cocktails, craft beer, tapas and wine!

It’s the season to be jolly – so we’ve rounded up some new Joburg hot spots!

 
 

I love summer.24

The craziest deaths of 2014
How to make this a sensual, sexy summer!
This is what South Africans Googled in 2014!
This hilarious song is your new holiday anthem

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

You may be emotionally defensive or reserved today. You need to step up today as there may be extra responsibilities to deal with....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.