Lawyer wants those accused of sexual offences named before they plea

Organisations and communities members outside Western Cape High Court on 3 March 2026. Picture: Supplied In South Africa, it is illegal to name a person accused of a sexual offence before they plead in court according to the Criminal Procedure Act, however, this week, the Western Cape High Court heard a constitutional challenge by the Women’s Legal Centre claiming that this law is unconstitutional. Caroline Peters, the centre’s representative, now risks criminal prosecution after she allegedly made the accused’s name public prematurely.

Speaking toThe Citizen,Advocate Bronwyn Pithey said Peters, a lifelong gender and community activist, was attending a regional court matter to support a rape survivor, who was also her client. Three years ago, when the accused appeared in court, she took a picture of the court roll. It displayed the accused’s identity.

In a second incident, she then took a photo of him from behind in the court. In response, the accused then laid criminal charges against Peters. The National Prosecuting Authority (NPA) has not yet decided to proceed with the charges, so the matter is currently pending, said Pithey.

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If convicted, she could face up to three years’ imprisonment, said the organisation. Pithey toldThe Citizenthat while Peters technically infringed on Section 154(2)(b) of the Criminal Procedure Act, she argues the provision needs revision as it is selective in nature.

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