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For the Applicant: For Advocate M Calitz instructed by Legal Aid South Africa. the Respondents: For Advocate S Hassim and K Ramaimela instructed by the State Attorney. the Amici Curiae: Advocate A Skelton instructed by the Centre for Child Law.

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J v. NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, 2014

Cases

Country

Latitude: -31.005484474142992

Longitude: 23.460146846172638

Country (linked Cases): South Africa

Court location: South Africa: Western Cape

Court: South Africa: Constitutional Court, South Africa

Date of judgement: May 6, 2014

Keywords

Arrest
Child abuse
Defilement (Rape of children)
Rape
Sexual assault
Sexual offences
Sodomy

Gender of victim

Male: Boy (under 18)
Female: Girl (under 18)

Gender of accused/perpetrator

Male: Boy (under 18)

Language: English

Summary: This case concerns the applicant who was convicted of sexual offences committed against children. He too was a child at the time of the offences. The court sentenced the applicant and ordered him to be registered in the national register for sex offenders. On review the Western cape high court declared the section of the sexual offences act constitutionally because it unjustifiably infringes on the rights of offenders, whether children or adults. The high court then suspended the declaration of invalidity for 18 months and ordered that certain words be read into the provision. The respondents were further directed to provide a report to the court setting out the details of child offenders currently listed on the register.

Primary Documents

J v National Director of Public Prosecutions and Another - placing children on sex offenders register.pdf
English
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J v. NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, 2014

Primary Documents

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