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Rh I accordingly find that the provisions of section 294 of the Act violate the provisions of sections 10 and 11(2) of the Constitution and that they cannot be saved by the operation of section 33(1) of the Constitution. Although the provision concerned is a law of general application, the limitation it imposes on the rights in question is, in the light of all the circumstances, not reasonable, not justifiable and it is furthermore not necessary. The provisions are therefore unconstitutional.

It becomes unnecessary to embark on an investigation to determine whether or not the provision in fact negates the essential content of any of the rights involved.

In the light of this finding, I do not find it necessary to debate the issue whether section 294 of the Act also infringes the other provisions of the Constitution, namely sections 8 and 30.

There may well be cases where juveniles have been sentenced in terms of section 294 of the Act but where the sentences have, for some reason or other, not yet been carried out. It follows from the finding of this Court that such sentences will have to be set aside by the courts having jurisdiction to do so and new sentences substituted.

The following order is accordingly made:

The following provisions of the Criminal Procedure Act No. 51 of 1977 (as amended) are inconsistent with the RepbulicRepublic [sic] of South Africa Constitution Act No. 200 of 1993 (as amended) and are, with effect from the date of this order, declared to be invalid and of no force and effect:

section 294 in its entirety; and the words "or a whipping" in section 290(2).

In terms of section 98(7) of the Constitution, it is ordered that with effect from the date of this order, no sentences imposed in terms of section 294 of the Criminal Procedure Act No. 51 of 1977, shall be carried out.