Judgment handed down by the Constitutional Court judges on 06 May 2014 that sections 50(2)(a) of the Sexual Offences and Related Matters Amendment Act 32 of 2007 is unconstitutional needs to be applauded as it highlights the profound justness of the South African Constitution.
The Judgment is a good balancing act between the right of a child as a sex offender and the rights and the protection of a victim children and persons who are mentally disabled. The South African Constitution seeks to safeguard the right of the child as articulated in section 28 (2) which place the interests of a child as paramount important.
The judgement follows a restorative justice approach that is geared into applying restorative justice for a child sex offender than leaving them to shame for life despite the fact that rehabilitation yield desirable results. As the Commission for Gender Equality (CGE), we cannot begin to underscore the severity of rape but only affirm what it is constitutionally progressive.
As the CGE, we are particularly pleased that the judgement takes into consideration the need to have a sex offender register though calling on the Act to have a clearly defined process for including in the National register for Sex Offenders. The CGE fully supports a process where each child offenders’ case is handled on its own merits for consideration of including such a child in a register.
“The CGE calls upon the Fifth Parliament to urgently address the gap identified so as to render Sexual Offences and Related Matters Amendment Act 32 of 2007 fully constitutionally complaint. 15 months have been given through the judgement to address all issues making the Act unconstitutional and this should be done without delays”, said Mr. Mfanozelwe Shozi, the Chairperson of the Commission for Gender Equality.
Contact Person:
Javu Baloyi
Tel: 083 579 3306
