Yes. I also wonder, given the Ndhlovu decision, whether it would be possible to just get rid of “on discretion” at all in the context of child sex offences. Now, it may catch some offenders it ought not, but the Supreme Court has never said that a bright line rule is entirely unconstitutional. That goes to section 1 justification of the rule.
Again, given my concerns with the way that discretion has been exercised in the past, this might be something that could be upheld. The Supreme Court was dealing with a much broader application of a mandatory order in Ndhlovu, and this would be a much narrower mandatory order.