SKWEYIYA ADCJ legitimate and constitutionally sound aims, there exist accessible and direct means to achieve the purpose that are less restrictive to the child offender‘s rights. Section 50(2)(a) is constitutionally invalid and must be declared so. Remedy [52] Following a declaration of constitutional invalidity, the Court is empowered to grant a just and equitable remedy,64 which may include ordering a suspension of the declaration and a temporary reading-in, as the High Court did. [53] The state respondents have pointed to a number of problems in the High Court‘s order, including that the interim reading-in leads to inequitable results for different categories of offenders. The applicant is in favour of an interim reading-in but is against a retrospective declaration of constitutional invalidity as there may be child offenders on the Register who do pose a threat as sexual predators. The amici argued for a 12-month period of suspension of the order of constitutional invalidity coupled with a moratorium against further children‘s particulars being placed on the Register. This, they argued, would be a low-risk solution that is cleaner than the reading-in proposed. [54] The Legislature must be afforded time to correct the constitutional defect, taking into account expert opinion on the unique circumstances of child sex offenders and victims in South Africa. The Court is confronted with a number of difficulties 64 Section 172(1) of the Constitution. 28

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