Sex legislation change reflects moral decay

PROFESSOR Chandru Kistan is a former academic in the education faculty of what was the University of Durban-Westville and former acting deputy vicechancellor of teaching and learning at the University of Zululand. Now chairman of the Verulam and District United Hindu Forum, he writes about the latest sexual offences legislation. THE RECENT amendment to the Sexual Offences Act is another controversial ruling that contributes directly to the visible degeneration and moral decay of the sanctity of marriage and family life.

In South Africa a person is considered a child when under the age of 18, but the Sexual Offences Act allows consensual sex for those over 16.

Under Act 32 of 2007, it is illegal for any person under 16 to consent to or be involved in any sexual act. Both parties can be prosecuted for statutory rape regardless of their ages.

However, this portion of the law has been amended by a controversial ruling in the Pretoria High Court.

As long as Parliament does not rectify Act 32 of 2007, children between 12 and 16 may have consensual sex with each other without being prosecuted.

“Consensual sex” is where both agree to sex or a sexual act, and conform to all other legal requirements. Both parties need to give their clear indicative or explicit permission before any sexual act is committed.

The ruling has shocked religious organisations, spiritual leaders and schoolgoers. Society faces many challenges with the youth. Their basic education does not cover aspects which they confront. Drugs, alcohol, illegal weapons and peer pressure are rife and not confined to residential areas or to wealth.

Educators are struggling with the new challenges in the classroom and schools. Teacher education programmes do not cover several aspects that educators face in the teaching and learning environment.

Sex education at schools is poorly handled by ill-equipped people. Guidance counsellors are nonexistent. Corporal punishment has been abolished. Extramural activities are rare.

Most youngsters are also saddled with family, social and economic responsibilities. Many go home to care for siblings. Some return to empty homes, while still others engage in parties daily.

Unfortunately, few are monitored by parents. Illdiscipline is the order of the day. These are the realities for most children today.

Parents are also struggling to manage their children’s new technology-driven lifestyles. This behaviour is also worrying community organisations.

The evidence paints a sad story of community and youth in crisis. In many cases the justice system has failed our people, especially families.

When you look around, you see a lost generation of young people seeking fun and excitement – and to them this means competing with the lifestyles of elders. Few have the maturity and sense to make the right decisions and know right from wrong.

With this bleak scenario, community and religious organisations are engaging the youth in their areas to help become good citizens. This is an uphill battle, but some children are sensible, with good values and honourable intentions. For example, it was heartening to see many boys and girls disagree with the latest sexual offences change.

The forum puts on record its objection to the amendment to consensual sex and appeals for it to be rescinded.