SKWEYIYA ADCJ by reason of mental illness or mental defect, not criminally responsible for the act which constituted a sexual offence against a child or a person who is mentally disabled, in the presence of that person, must make an order that the particulars of the person be included in the Register. (b) When making an order contemplated in paragraph (a), the court must explain the contents and implications of such an order, including section 45, to the person in question.‖ [4] The matter came before the High Court by way of automatic review in terms of section 85(1)(a) of the Child Justice Act. The High Court mero motu (of its own accord) raised the question with the Regional Magistrate and the Director of Public Prosecutions, Western Cape (DPP)— ―whether it was competent for the court to make an order in terms of section 50(2) of the Sexual Offences Act if regard is had to the provisions of sections 2, 3 and 4 of the [Child Justice Act] dealing with the objects of the Act, as well as section 28 of the Constitution.‖ [5] The Regional Magistrate, in detailed reasons for the order, and the DPP, in its written opinion, concluded that the Magistrates‘ Court was competent to make the ancillary order and recommended that the High Court confirm it. A Full Bench was constituted to hear the matter. 5