# Criminal Procedure Amendment Bill

- Link: https://dearsouthafrica.co.za/cpab/
- Published: 2021-11-05T10:07:34+02:00
- Author: dearSA

### The Select Committee on Security and Justice has extended the comment period for written submissions on the Criminal Procedure Amendment Bill [B 12B – 2021] (National Assembly – sec 75).

    - to amend the Criminal Procedure Act, 1977, so as to further regulate the publication
      of information which reveals or may reveal the identity of an accused, a witness
      or person against whom an offence has allegedly been committed who is under
      the age of 18 years.

### **0**** **comments delivered (closed 12 November 2021)

[click to view statements and documents ](https://dearsouthafrica.co.za/cpab/summary)

[click to view public comments ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2021/11/19175728/cpab-final-web.pdf)

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PURPOSE OF BILL
 1.1 Section 154 of the Criminal Procedure Act, 1977 (Act No. 51
of 1977) (the ‘‘Act’’), prohibits the publication of certain information relating
to criminal proceedings. Section 154(3) provides that no person shall publish in
any manner whatsoever any information which reveals or may reveal the identity of
an accused under the age of 18 years or of a witness at criminal proceedings who
is under the age of 18 years: Provided that the presiding judge or judicial officer
may authorise the publication of so much of such information as he or she may deem
fit if the publication thereof would in his or her opinion be just and equitable
and in the interest of any particular person.

1.2 In Centre for Child Law and Others v Media 24 Limited and Others 2019 ZACC 46(
the ‘‘Centre for Child Law judgment’’), the Constitutional Court held that section
154(3) of the Act does not afford protection to child victims of criminal offences
and that the protection does not continue to apply even after a child accused, witness
or victim turns 18 years of age, whereas it ought to, and section 154(3) is, for
those reasons, inconsistent with the Constitution of the Republic of South Africa,
1996 (the ‘‘Constitution’’). The declaration of constitutional invalidity was suspended
for 24 months to afford Parliament an opportunity to correct the defect giving rise
to the constitutional invalidity.
 The Constitutional Court granted interim relief
by way of a reading-in to ensure that, during the period of suspension of invalidity,
the protection— (a) afforded by section 154(3) is also extended to child victims
of criminal offences; and (b) continues to apply after a child accused, witness 
or victim turns 18 years of age. 1.3 The Criminal Procedure Amendment Bill, 2021(
the ‘‘Bill’’), seeks to amend section 154 to address the constitutional invalidity
of the provision.

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