Latest Judgments
Landmark ruling for same-sex couple in parental
dispute CM v NG (Centre for Child Law as Amicus Curiae) Unreported (Case No 8026/2011)
 View the judgmentRemoval of children now subject to automatic
review by Children's Courts
C and Others v Department of Health and Social Development, Gauteng, and Others Best Interests of Children
MS v S (Centre for Child Law as Amicus Curiae)
2011 (2) SACR 88 (CC)
Death of a child in police custody reveals immence
risk of detention to children
Unreported case (Heidelberg District Court, Inquest 14/2010)
Upcoming Cases
Challenging criminalization of consensual sexual activities between adolescents
The Centre will challenge the constitutionality of sections in the "Sexual Offences Act" which criminalizes consensual sexual activities between certain children as well as the reporting requirements and inclusion of children's names on the National Sex Offenders Registry, if found guilty. - The Case will be heard on 23 and 24 April 2012.
Challenging s150(1)(a) of the Children's Act - The meaning of "visible means of support". The Children's Act stipulates that a child will only be placed in foster care if he/she is in need of care and protection. The Act further states that "A child is in need of care and protection if, the child...has been abandoned or orphaned and is without any visible means of support". In this case, a child was living with his extended family for more than 8 years, which was seen as "visible means of support" and resulted in his application for foster care placement being dismissed. The Centre will argue that the "and" should be replaced with an "or", which will have the effect that any orphan could qualify as a child "in need of care and protection" and would thus be eligible for foster care placement. - The Case will be heard on 16 April 2012.
Case Reports
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Search the Centre for Child LawLatest NewsThe Centre in court - Constitutional challenge to the criminalization of consensual sexual activities between adolescents On 23 to 25 April 2012, the Centre for Child Law appeared on behalf of the Teddy Bear Clinic and RAPCAN in the North Gauteng High Court. The Application challenged the constitutionality of sections in the "Sexual Offences Act" which criminalizes consensual sexual activities between children aged 12 and above, but below 16 (sections 15 and 16). It further challenged the requirement that any person, including parents, teachers, nurses, doctors, pastors etc, who is aware of such consensual sexual activity between adolescents report the children to the police, or face a possible prison term (section 54(1)(a)), and lastly it challenged provisions that provide for the inclusion of a convicted child's name in the National Register for Sex Offenders (sections 50(1)(a)(i) and sections 50(2)(a)(i)). The application was opposed by the Minister of Justice and Constitutional Development. Submissions were also made by the Women's Legal Centre and Tshwaranang in support of the applicantion; and by the Justice Alliance for South Africa (JASA) against the application. Judge Rabie, presiding over the matter, emphasized the importance of this case due to the consequences of the provisions criminalizing consensual sexual activities on adolescents. The consequences of criminalizing these children for consensual sexual behaviour are vast, for example: in fear of being reported, children might not access support and health care services when needed; they are humiliated and exposed to offenders by going through the criminal justice system and sex offenders programmes when diverted; and there is even a risk that their names could be included within the National Register for Sex Offenders. Judgment is expected later in 2012. Click here for news reports on the matter. |
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