The anonymity of child victims or perpetrators of crime should remain beyond the age of 18, unless they consent to revealing their identity after they have reached adulthood. The Constitutional Court made this provisional order yesterday as it extended the protection of anonymity to child victims, witnesses and perpetrators of crime, says a TimesLIVE report.

The court ruled on section 153(4) of the Criminal Procedure Act, which expressly provided anonymity protections for accused children or witnesses in criminal proceedings, but did not extend these protections to child victims.

Last year, the SCA held that section 154(3) was constitutionally invalid to the extent that it did not protect the anonymity of children who were victims of crime. That part was confirmed by the Constitutional Court, but it also declared the same section was constitutionally invalid in that the protection received by child victims, witnesses and accused did not extend beyond the age of 18 years.

It suspended a declaration that the section was invalid for two years, allowing Parliament time to correct the defect. The court said pending Parliament’s actions, section 154(3) should provide that an accused person, witness or victim under the age of 18 did not forfeit protections afforded upon reaching the age of 18, but may consent to the publication of their identity after reaching 18.

The court stated that if consent was refused, their identity may be published at the discretion of a competent court. The SCA ruled last year that the extension into adulthood of anonymity of child victims severely restricted the right of the media to impart information and infringed on the open justice principle.

Full TimesLIVE report

Judgment

The case stems from the Zephany Nurse kidnapping matter, which was heard in 2016, notes a News24 report. It was brought by the Centre for Child Law (CCL), Childline, Nicro, Media Monitoring Africa, and Nurse who is referred to as KL in the court papers. The respondents are 12 media houses, including Media24, owners of News24.

The application to prevent the naming of child victims, witnesses and offenders after they turn 18 was first dismissed in the Gauteng High Court (Pretoria).

The applicants then appealed to the SCA.

In its ruling, the SCA said media houses may continue to name children involved in criminal cases after they turn 18 and ‘become adults’, whether they be victims, witnesses or offenders.

While the court had turned down the CCL's bid to extend identity protection beyond the age of 18 – it had granted protection to child victims of crime and child witnesses.

Full News24 report

Media lawyer Willem de Klerk says the judgment has far-reaching implications for journalists. According to a Netwerk24 report, De Klerk said the Press Code allows journalists on ethical grounds to identify minor victims if they have permission from parents.

‘Now the permission by parents and children themselves are no longer enough. The judgment leaves several questions unanswered. When does a child become a victim? Only if he or she was directly affected by a crime or also when a child suffers indirectly from a crime? When does the publication ban kick in? As soon as charges are registered? Immediately after the crime was committed?’

Attorney Anja Hofmeyr, of Cliffe Dekker Hofmeyr, who acted on behalf of the media, noted indirect identification of minors will create difficulties.

She cited the example of Don Steenkamp, from Griekwastad, who murdered his family, noting it would have been difficult to keep his identity a secret while identifying everyone else close to him.

Zita Hansungule, an attorney at the Centre for Child Law, said the judgment was a victory for children.

‘The centre doesn’t want to prevent the media from reporting on matters (involving children). We are discouraging reporting where minor victims, witnesses and accused are identified as such reporting has long-lasting negative consequences.’

Full Netwerk24 report (subscription needed)