The case arose from intense media coverage surrounding KL, a girl kidnapped as a newborn and found 17 years later. When criminal proceedings were instituted against the woman who abducted her, KL was a potential child witness and victim. Section 154(3) of the Criminal Procedure Act 51 of 1977 prohibited publication of identifying information of child accused and child witnesses, but not child victims, and the protection ceased once a child turned 18. The applicants—child rights organisations and KL—sought to prevent the media from revealing KL’s identity and challenged the constitutionality of section 154(3) for failing to protect child victims and for not providing ongoing protection beyond the age of 18. The High Court interpreted the section to include child victims but rejected ongoing protection. The Supreme Court of Appeal declared the section unconstitutional for excluding child victims but dismissed the appeal on ongoing protection. The matter came before the Constitutional Court for confirmation and appeal.
The declaration of constitutional invalidity of section 154(3) was confirmed. The appeal on ongoing protection was upheld. Section 154(3) was declared unconstitutional to the extent that it fails to protect child victims and fails to extend protection beyond age 18. The declaration was suspended for 24 months, with an interim reading-in providing anonymity for child accused, witnesses and victims that continues into adulthood unless waived by consent or lifted by a court. Each party was ordered to pay its own costs.
This judgment is a landmark in South African child-rights jurisprudence. It affirms that child victims of crime are entitled to automatic statutory anonymity equal to that of child accused and witnesses, and that such protection may continue into adulthood. The case strengthens the constitutional principle that the best interests of the child are paramount and clarifies the balance between media freedom and child protection, reshaping how criminal proceedings involving children are reported.