Legal expert warns naming sexual offence suspects before conviction poses risks
Legal expert Sunil Singh believes publicly naming individuals accused of sexual offences could create real-world dangers.
A gender-based violence (GBV) activist was in court on Tuesday to legally challenge the law, stating that the identities of suspects in this category of crimes cannot be publicly disclosed before they are convicted.
The matter was sparked by a rape survivor who shared the identity of her alleged attacker on social media.
The accused person took legal action.
Sunil says naming people in these instances infringes on their constitutional rights.
"Somebody will then say, 'That person is known to be a sexual offender. Let's catch him and kill him'. Nine out of 10 times, when people are convicted of sexual offences, they are incarcerated. They're not exposed to the community, where the community will then impose mob justice to bring about restorative justice.
"In terms of the Constitution, you're innocent until proven guilty. So until such time, you cannot put people's names on the list or any other form exposing them and creating reputational damages to them without a court of law first pronouncing on their innocence or guilt."
Singh says everyone has the right to dignity, privacy, and a good name.
He adds that the Protection of Personal Information (POPIA) Act also now comes into play.
If a person is exposed prior to being convicted, if for any reason the person is acquitted, he carries that stigma all the way through his life without being able to justify to anybody because that register will then say, this person was accused."
Singh says the National Register for Sex Offenders already exists for individuals who have been found guilty by a court of law.
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