SKWEYIYA ADCJ
(i)
convicted a person of a sexual offence against a child or a
person who is mentally disabled and, after sentence has been
imposed by that court for such offence, in the presence of the
convicted person; or
(ii)
. . . must subject to the provisions of paragraph (c), make an
order that the particulars of the person be included in the
Register.
(b)
[When] Before making an order contemplated in paragraph (a) the
court must explain the contents and the implications of the order,
including section 45, to the person in question.
(c)
Notwithstanding paragraph (a) above, a court contemplated in that
paragraph, may on good cause shown direct that such person's
particulars not be included in the Register and shall, before making
an order in terms of paragraph (a) inform the convicted person of the
court's power to make a direction under this paragraph (c) and afford
him or her an opportunity to make representations as to whether such
a direction should be made or not.‘ ‖
In this Court
[10]
Section 172(2)(a) of the Constitution provides that ―an order of constitutional
invalidity has no force unless it is confirmed by the Constitutional Court.‖ None of
the parties in this Court opposes the confirmation of the High Court‘s order.
[11]
The applicant argues that section 50(2) is overbroad.
Depending on the
circumstances, a sex offender may not pose any threat and there is no need to protect a
particular complainant through the use of the Register. In not allowing good cause to
be shown before an entry is made in the Register, the provision further infringes on
the offender‘s right to a fair hearing in terms of section 34 of the Constitution.
8
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