n Without Prejudice - A courtly stand against sexual violence - human rights law

Volume 20 Number 2
  • ISSN : 1681-178X


Are the courts taking cognisance of the scourge of sexual violence in our country? Two recent judgments have approached the issue of sexual violence and harassment head on, each taking important and strong stances on the issue. One, the Constitutional Court’s Tshabalala judgment (Tshabalala v S, Ntuli v S (CCT323/18; CCT69/19[2019] ZACC 48 (11 December 2019)) deals with the criminal law doctrine of common purpose. The court held that the doctrine is applicable to the common law crime of rape and rejected the instrumentalist approach put forward by the applicant and many earlier court judgments.

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