SKWEYIYA ADCJ
Order
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
section 50(2)(a) who were younger than 18 years when they
committed the offence that required their inclusion;
4.
b.
the courts that directed that their particulars be so listed; and
c.
the dates on which the orders in question were made.
There is no order as to costs.
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