Centre for Child Law & others v Media 24 Limited & others

The case concerned a constitutional challenge to section 154(3) of the Criminal Procedure Act 51 of 1977, which prohibited the publication of identifying information of children who are accused persons or witnesses in criminal proceedings, but did not extend the same protection to children who are victims of crimes. The Centre for Child Law and others challenged this omission, arguing that it failed to protect child victims from media exposure and infringed their constitutional rights. Media 24 Limited and others opposed aspects of the relief, relying on freedom of expression and the media’s right to impart information.

Section 154(3) of the Criminal Procedure Act was declared constitutionally invalid to the extent that it did not protect the anonymity of child victims in criminal proceedings. Parliament was ordered to remedy the defect within 24 months. Pending legislative amendment, the section was deemed to include protection for child victims. The challenge seeking continued anonymity after a child reaches 18 years of age was dismissed.

The case is significant for affirming the constitutional principle that child victims of crime are entitled to equal protection under the law. It strengthened the protection of children’s rights in the criminal justice system and clarified the balance between freedom of expression and the best interests of the child. The decision also illustrates the use of reading-in as an interim constitutional remedy.