CCT114/13

[2014] ZACC 13

2014 (2) SACR 1 (CC)

2014 (7) BCLR 764 (CC)

Skweyiya ADCJ

6 February 2014

6 May 2014

http://hdl.handle.net/20.500.12144/3739

Application for confirmation of an order of constitutional invalidity made by the Cape Town High Court: J v S [2013] ZAWCHC 114; 2013 (2) SACR 599 (WCC).

Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 – constitutional validity of section 50(2) – best interests of the child – section 50(2)(a) unconstitutional. Application for confirmation of constitutional invalidity of section 50(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 made by the Western Cape High Court (High Court). The section operates in a way that after a criminal conviction has been determined on the part of the offender, the details of that offender are automatically entered into the register. The Constitutional Court declared section 50(2)(a) to be inconsistent with the Constitution and invalid in so far as it unjustifiably limited the right of child sex offenders to have their best interests considered of paramount importance, as provided for in section 28(2) of the Constitution. The Court reasoned that whilst the section serves a legitimate and constitutionally sound aim, the limitation of the rights of the child is not justified in an open and democratic society. The declaration was suspended for a period of 15 months to allow the Legislature time to rectify the constitutional defect. The respondent was also given until 30 July 2014 to furnish a report, to the Registrar of the Court, detailing information with respect to offenders whose particulars are already entered in the Register. There was no order as to costs. Judgment: Skweyiya ADCJ (unanimous)