Committee says Bill does not lower age of consent
The Portfolio Committee on Justice and Correctional Services concluded four days of fruitful and insightful public hearings on the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill.
The Committee received more than 900 submissions on the Bill and had more than 30 oral presentations. This includes presentations from faith based organisations, civil society organisations, the Human Rights Commission of South Africa, children rights organisations and even a group of school learners.
Some of the inputs have been in favour of decriminalising consensual sex while others have vehemently opposed it as presenters felt it would encourage promiscuity.
Committee Chairperson, Dr Mathole Motshekga, described the hearings as very enlightening.
He said the Committee would like to emphasise that the aim of the amendments is to decriminalise sexual activity between adolescents. It does in no way intend to lower the age of consent.
"The aim of the amendments is not to legalise this or encourage such behaviour. All we are saying that in cases where this does happen, these young people should not be treated as criminals and that's what the Constitutional Court also tried to rectify. It's a societal issue and not one for the courts."
The amendments stem from two separate Constitutional Court judgements. The Court has given Parliament until April 2015 to give effect to its judgement. One such Amendment proposes to decriminalise consensual sexual conduct between persons 12 years and older, but less than 16 years of age. It also provides presiding officers with a discretion in order to decide in individual cases whether the particulars of children should be included in the National Register for Sex Offenders or not. The Committee has requested for an extension of the deadline from 5 April 2015 to 5 August 2015 to allow for sufficient public participation.
Regarding the inclusion of the names of children sex offenders on the National Register for Sex Offenders, the Committee heard that this will be detrimental for the future of the offenders as they can still be shaped to become respected members of society. Submissions were made that public prosecutors should be requesting the inclusion into the register as they have insight to individual cases.
Dr Motshekga said the Committee will now consider all the inputs made over the four days before debating on the Bill and drafting legislation that will be in the best interest of the child.
For media enquiries or interviews with the Chairperson, please contact:
Rajaa Azzakani
Tel: 021 403 8437
Cell: 081 703 9542
Email: razzakani@parliament.gov.za
