The Portfolio Committee on Justice and Correctional Services today adopted the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill.

The Bill emanates from two separate court judgements of the Constitutional Court. One of the judgements required Parliament to amend the Act in order to decriminalise consensual sexual conduct between adolescents. In the other judgement the court questioned the automatic inclusion of the particulars of children in the register for sex offenders. The Bill was thus aimed solely at giving effect to these two judgements.

The Committee received more than 1 000 written submissions on the Bill and a series of public hearings was held. During the public participation process it became apparent that concerns were raised that Parliament intended to lower the age of consent. The Committee wishes to reiterate that this is not the intention. Committee Chairperson Dr Mathole Motshekga said the age of consent remains 16 years of age.

While the Committee noted that it recognises the concerns that have been expressed by the public that the law, not necessarily the criminal law, should reflect the legitimate concerns of society that adolescents should refrain from engaging in premature consensual sexual conduct. Dr Motshekga said the Committee is of the view that the concerns raised merit further consideration.

The Committee therefore recommends that some aspects raised need further investigation with the view to promote a Committee Bill at a later stage. This includes uncertainty that may exist regarding the age of consent and circumstances where an adolescent is incapable in law of consenting to a sexual act.

The Bill will now be sent to the National Assembly for debate and adoption before it is referred to the National Council of Provinces.

Issued by Parliamentary Communication Services