News24

Child sex rule welcome - teachers

2013-10-04 21:13

Johannesburg - The Constitutional Court ruling against the criminalisation of sexual conduct between consenting adolescents was welcomed by Fedusa on Friday.

"[The] Federation of Unions of South Africa welcomes that the Constitutional Court ruling gives adults, such as doctors, nurses and counsellors, who work daily with children, freedom to educate and advise on child sexuality," said Fedusa deputy general secretary for operations Gretchen Humphries.

The heavy-handed approach of the Sexual Offences Act was particularly problematic for doctors and nurses.

"They need teenagers to be able to trust them and to approach them openly for contraceptives and treatment for STIs or HIV within a relationship of building trust as caregivers."

The Constitutional Court confirmed a lower court's order that sections 15 and 16 of the Criminal Law Amendment Act, which relate to sexual offences, were unconstitutional.

The unanimous judgment, written by Judge Sisi Khampepe, was published on the court's website on Thursday.

The sections infringed on the rights of adolescents, aged between 12 and 16, to dignity and privacy, and further violated the best interest principle contained in section 28(2) of the Constitution.

Relying on expert evidence, the court concluded that the impugned provisions criminalised developmentally normative conduct for adolescents and adversely affected the very children the act sought to protect.

Criminal restrictions against sexual activity between adults and older children on the one hand, and adolescents on the other, remained.

The judgment suspended the declaration of invalidity for 18 months to allow Parliament to amend the provisions.

Khampepe ordered a moratorium on all investigations, arrests, prosecutions and criminal and ancillary proceedings regarding adolescents in relation to sections 15 and 16 of the act.

This remained until Parliament remedied the defects identified.

Fedusa vice president for gender Martle Keyter said it had to be understood that Fedusa did not conclusively condone penetrative sex between minors, but supported the ruling in its attempts to ensure that acceptable sexual activity between young people was not criminalised.

"It is also essential that those of us who are parents question the extent to which we are willing to rely on the law of this country to instil in our children the values which we uphold individually and within our families," Keyter said.

Comments
  • Theo Van Rayner - 2013-10-04 21:21

    Who and what gave this government the idea that they can control consenting individuals anyway??? Rather make it illegal for Zuma to womanise those young zulu chicks. That is now a pervert of an old man with no morals whatsoever

      NicBrits - 2013-10-04 22:42

      Theo, you wrote "Who and what gave this government the idea that they can control consenting individuals anyway???" On what basis is it then wrong for Zuma to 'womanize those young zulu chicks'? Are they 'individuals'? What if they are 'consenting'? Don't tell me you are supporting discrimination on the basis of AGE.

  • ya.hova.1 - 2013-10-04 21:25

    If you can't win them ... Legalise it. Is prostitution next?

  • Hilton Abdol - 2013-10-04 22:12

    What makes a person an expert on social issues? His perspective/ stats, is there a right or wrong like parenting or should we base it on moral values? What makes doctors, judges etc. experts on Social issues, did they get their degrees in Social aspects? Just another way on how Satan want to destroy our kids but he is in for a nasty surprise. The GOD of Light JESUS CHRIST is about to destroy his works.

      Isaac Oratile Leruele - 2013-10-04 22:17

      Oh... Praise Jesus!

      Tol Smith - 2013-10-08 16:42

      Hilton I worry about these delusions you have, you should have them checked. Satan, god, jesus they are nothing more than names for ideals. Any 'good' act is automatically attributed to god likewise any 'bad' act is satan. Yet all of you claim that god is omnipotent, so what this means is that god allows satan to do these things without any remorse. He can stop them from happening, but he CHOOSES not to. Pretty SADISTIC if you ask me. If you accidentally cut yourself it is attributed to clumsiness, so which acts are people and which are satan? And vice versa for god. Please explain how you decide which is which?

  • Oupa Lamza Molamu - 2013-10-04 23:03

    Parents should not abdicate from their parental responsibilities and moral obligations...period.

  • Juan van der Merwe - 2013-10-04 23:35

    Gretchen Humphries -really?what you smoking?

  • Katlego Mdouva - 2013-10-05 04:29

    This is unfair! Exactly why u hv chose 2 legalise this law?

  • Cebo Dladla - 2013-10-05 05:48

    Did that law really deter kids from doing it? personally i dont ever remember not doing something because i feared going to jail, it was because my mother would give my a hiding if she found out, so parents need to take responsibity here and educate their kids.

      Lwazi Mkaza - 2013-10-05 12:27

      how can we give them a hiding when we will be arrested and prostituted for disciplining our kids, just a month ago a Taxi man was sentenced for disciplining his child, not abusing his child, so these kids wont fear the law or parents teachers are even worse they have no regards for them.

  • Loopz Madiseng - 2013-10-05 08:01

    Unconstitutional or constitutional, I still say this little perverts should be punished

  • Lungile Ndyibithi - 2013-10-05 08:36

    2 days ago they released stats of child pregnancy today a law allowing kids to have sex. Isnt there a contradiction here?

  • Andrea Tomasicchio - 2013-10-05 08:58

    So how do you prove rape where a 16 year old says it was consensual and a 12 year says it was rape? There are serious problems ahead. This ruling does not protect our children AT ALL!!!

  • Pieter Rossouw - 2013-10-08 00:06

    this is very very sad. i guess this same judge has been sexually abusing a minor for years now, and before he/she gets caught, lets legalize it. are we the first country that will have consenting 12-16year old children consenting to be in porn movies? with the warning "all models are 12years and older" sickens me. if anybody is for this law, may your child be one of them to suffer. you deserve this. in my opinion, lets petition against this kind of thing. our children is the future. don't let them stop being children. "Fedusa vice president for gender Martle Keyter said it had to be understood that Fedusa did not conclusively condone penetrative sex between minors, but supported the ruling in its attempts to ensure that acceptable sexual activity between young people was not criminalised." what's this crap? sexual activity between minors is WRONG. as soon as SEX has to be put into a sentence or use as reference where children is involved, its wrong. lock up any parent who consents to this sh@#. but who are we as caring parents in a sick and twisted south africa/world. we need to make us selfs heard, and stop this kind of 5th world behaviour and rules. we are a nation trying to move forward. this law, is a clear indication of the opposites. peace out. and if you are a real parent who love your child, thumbs up. those who thumbs down, stop touching your child

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