Summary:
Criminal Law (Sexual Offences and Related Matters)
Amendment Act 32 of 2007 – constitutional validity of
section 50(2) – best interests of the child – section 50(2)(a)
unconstitutional
ORDER
On confirmation from the Western Cape High Court, Cape Town (per Henney J):
1.
The second respondent‘s application for condonation is granted.
2.
The order of the Western Cape High Court, Cape Town is set aside and
replaced by the following:
a.
Section 50(2)(a) of the Criminal Law (Sexual Offences and
Related Matters) Amendment Act 32 of 2007 is declared
inconsistent with the Constitution and invalid to the extent that it
unjustifiably limits the right of child sex offenders to have their
best interests considered of paramount importance.
b.
The declaration of invalidity is suspended for a period of
15 months from the date of this order to afford Parliament the
opportunity to correct the defect in the light of this judgment.
3.
The respondents are directed by 30 July 2014 to furnish a report to the
Registrar of this Court setting out:
a.
the number of persons whose particulars were included on the
National
Register
for
Sexual
Offenders
by virtue
of