SKWEYIYA ADCJ [8] Returning to the question of adult offenders, the High Court held that the section infringes on the offender‘s right to a fair hearing in terms of section 34 10 of the Constitution as it does not allow for an offender to make representations to persuade a court not to make the order. The High Court held the infringement to be unjustifiable as it served no legitimate constitutional purpose. It therefore held section 50(2) to be invalid and inconsistent with the Constitution and ordered words to be read into the provision. [9] The High Court‘s order reads, in relevant part: ―(1) Section 50(2) of the Criminal Law (Sexual Offences And Related Matters) Amendment Act No. 32 of 2007, is declared invalid and inconsistent with the Constitution, insofar as it does not allow the court to inquire and decide after affording the accused an opportunity to make representations, whether or not the particulars of the accused should be included in the National Register for Sexual Offenders. (2) The declaration in para (1) shall not be retrospective and its effect shall be suspended for 18 months to afford the legislature an opportunity to amend section 50(2) so that it can be constitutionally compliant. (3) During the period of suspension or until such sooner date as any amendments in para (2) above come into force, section 50(2) shall be deemed to read as follows: (the words inserted in the existing text are underlined for convenience). ‗2(a) 10 A court that has in terms of the Act or any other law— Section 34 of the Constitution provides: ―Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.‖ 7