After vigorous debate and controversial proposals, the changes to the teen sex law got its first stamp of approval.
Parliament's Portfolio Committee for Justice and Correctional Services adopted the bill on Wednesday through a majority ANC vote, with both the DA and the ACDP abstaining.
The bill - called the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill in full - states that consensual sexual acts between teenagers older than 12 is not a crime as long as the age gap between the two sex partners is less than two years.
The bill also states that before children are listed on the National Register for Sex Offenders, a state prosecutor must apply for such an order. The court must also consider a report on the child's probability of committing another sexual offence before reaching a decision on listing them on the register.
The amendments to the law known in short as the Sexual Offences Act come as a result of two Constitutional Court judgments.
In 2013, the Constitutional Court ordered Parliament to amend the legislation after it ruled in two cases that sections 15 and 16 of the act were unconstitutional. These sections made consensual sexual acts between children aged between 12 and 16 a crime.
This month, the court granted Parliament an extension until August to fix the legislation after the original April deadline could not be met.
The portfolio committee received more than 900 submissions on the bill and heard submissions over four days in March.
After adopting the bill on Wednesday, the committee recommended that some aspects raised needed further investigation, such as the uncertainty regarding the age of consent and circumstances in which an adolescent is incapable in law of consenting to a sexual act.
The bill includes a preamble which states the importance of "discouraging adolescents from prematurely engaging in consensual sexual conduct which may harm their development, and from engaging in sexual conduct in a manner that increases the likelihood of the risks associated with sexual conduct materialising, are legitimate and important".
Speaking later on Wednesday Steven Swart of the ACDP, a member of the committee, said that the party was concerned about the implications of the bill, adding that it needs to made clearer that 16 remains the age of sexual consent.
Civil society organisations who were part of discussions on the bill, such as the Teddy Bear Clinic for Abused Children and Resources Aimed at the Prevention of Child Abuse and Neglect (Rapcan), welcomed the version of the bill that was adopted by the committee.
Rapcan director Christina Nomdo said that the process has resulted in a "realisation" that law-making can sometimes go too far in trying to protect children.
This was the criticism levelled at the initial legislation that criminalised teen sex.
"A more balanced child rights approach to law-making is needed which takes both protection and autonomy into consideration," Nomdo said.
The bill will now be sent to Parliament's two houses, the National Assembly and National Council of Provinces for debate and adoption.
New teen sex law gets past first base
After vigorous debate and controversial proposals, the changes to the teen sex law got its first stamp of approval.
Parliament's Portfolio Committee for Justice and Correctional Services adopted the bill on Wednesday through a majority ANC vote, with both the DA and the ACDP abstaining.
The bill - called the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill in full - states that consensual sexual acts between teenagers older than 12 is not a crime as long as the age gap between the two sex partners is less than two years.
The bill also states that before children are listed on the National Register for Sex Offenders, a state prosecutor must apply for such an order. The court must also consider a report on the child's probability of committing another sexual offence before reaching a decision on listing them on the register.
The amendments to the law known in short as the Sexual Offences Act come as a result of two Constitutional Court judgments.
In 2013, the Constitutional Court ordered Parliament to amend the legislation after it ruled in two cases that sections 15 and 16 of the act were unconstitutional. These sections made consensual sexual acts between children aged between 12 and 16 a crime.
This month, the court granted Parliament an extension until August to fix the legislation after the original April deadline could not be met.
The portfolio committee received more than 900 submissions on the bill and heard submissions over four days in March.
After adopting the bill on Wednesday, the committee recommended that some aspects raised needed further investigation, such as the uncertainty regarding the age of consent and circumstances in which an adolescent is incapable in law of consenting to a sexual act.
The bill includes a preamble which states the importance of "discouraging adolescents from prematurely engaging in consensual sexual conduct which may harm their development, and from engaging in sexual conduct in a manner that increases the likelihood of the risks associated with sexual conduct materialising, are legitimate and important".
Speaking later on Wednesday Steven Swart of the ACDP, a member of the committee, said that the party was concerned about the implications of the bill, adding that it needs to made clearer that 16 remains the age of sexual consent.
Civil society organisations who were part of discussions on the bill, such as the Teddy Bear Clinic for Abused Children and Resources Aimed at the Prevention of Child Abuse and Neglect (Rapcan), welcomed the version of the bill that was adopted by the committee.
Rapcan director Christina Nomdo said that the process has resulted in a "realisation" that law-making can sometimes go too far in trying to protect children.
This was the criticism levelled at the initial legislation that criminalised teen sex.
"A more balanced child rights approach to law-making is needed which takes both protection and autonomy into consideration," Nomdo said.
The bill will now be sent to Parliament's two houses, the National Assembly and National Council of Provinces for debate and adoption.
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