SKWEYIYA ADCJ
flow from the provision may not always affect the child offender while still a child.52
The impact of registration is reduced in practical terms and varies according to the
particular child‘s circumstances and age.
However, this Court has held that
consequences for the criminal conduct of a child that extend into adulthood (such as
minimum sentences) do implicate children‘s rights.53 So, in the case of J, the fact that
he was a child when the offence was committed means that his rights as a child are
implicated, albeit that the consequences of registration will, for the most part, only be
felt as an adult.
[44]
Child offenders who have served their sentences will remain tarred with the
sanction of exclusion from areas of life and livelihood that may be formative of their
personal dignity, family life, and abilities to pursue a living. An important factor in
realising the reformative aims of child justice is for child offenders to be afforded an
appropriate opportunity to be reintegrated into society.54 Furthermore, it is undoubted
that there is a stigma attached to being listed on the Register55 even if the Sexual
Offences Act closely guards the confidentiality56 of its contents. Given that a child‘s
52
For example, it is a criminal offence to employ a child under 15 years in terms of section 43 of the Basic
Conditions of Employment Act 75 of 1997. It would therefore have no effect with respect to employment
restrictions to have a child under 15 on the Register until such a time as the child becomes eligible to be
employed. Similarly, licensing authorities and childcare authorities may be unlikely to grant licences and
authorise custodial care of a child to another child. In terms of section 231(2)(c) of the Children‘s Act, a
prospective adoptive parent must be over the age of 18 years. While there is no explicit requirement in the
Children‘s Act that foster parents must be over the age of 18 years, it is ―inconceivable that a children‘s court
could ever regard a child as a suitable person to be entrusted with the foster care of another child.‖ (Schäfer
Child Law in South Africa: Domestic and International Perspectives (LexisNexis, Durban 2011) at 468.)
53
Centre for Child Law above n 39 at para 35.
54
See, for example, S v Saayman 2008 (1) SACR 393 (ECD) at 403B-C in which Pickering J discusses the role
of reintegration within a restorative approach to criminal justice.
55
Teddy Bear Clinic above n 14 at para 57.
56
Section 52 of the Sexual Offences Act.
24
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