SKWEYIYA ADCJ that challenge its capacity to grant a just and equitable interim order. The Sexual Offences Act creates complex mechanisms regulating the treatment of offenders following their conviction. Of these, only section 50(2)(a) is before us. This Court cannot craft an interim remedy within the bounds of our democratic limits that would not do violence to the statutory scheme. [55] There is no evidence before us that children or persons with mental disabilities will not be harmed. This Court cannot issue a moratorium on the registration of further child offenders or allow the declaration to operate retrospectively. Register fulfils an important purpose. The Given the urgency of protecting vulnerable persons from sexual abuse in places where they should be safe, it is not just and equitable for the provision to cease to operate in the interim.65 [56] For these reasons, section 50(2)(a) must be declared constitutionally invalid and Parliament must be instructed to remedy the defect within 15 months, during which period the declaration will be suspended. Given that the rights infringements to child offenders will continue to operate in the interim period, a shorter period for correction of the defect is preferred. Because the constitutionality of certain provisions of the Sexual Offences Act in relation to their effect on children is already under 65 I am aware of the existence of the National Child Protection Register, operating in terms of sections 111-28 of the Children‘s Act. While the National Child Protection Register may afford similar protections to children as does the Register under present consideration, no independent register exists in my knowledge to protect persons with mental disabilities. However, insofar as there is any similarity or overlap with the Register presently under consideration, it would be prudent for the Legislature not to consider section 50(2)(a) of the Sexual Offences Act in isolation. 29

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