n Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg - The court knows the law
73300/10 2013 ZAGPPHC 1 (unreported) (04-01-2013) : regspraak

Volume 2014, Issue 3
  • ISSN : 0257-7747


On 4 January 2013, the North Gauteng high court handed down judgment in the case, which declared sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (hereafter the act) unconstitutional. The judgment of the high court has largely been confirmed by the constitutional court (2013 12 BCLR 1429 (CC), 2014 2 SA 168 (CC)). However, the judgment of the high court in particular has been heavily criticised by different sectors of the society, with many regarding it as encouraging sexual promiscuity among teenagers. It is likely that many of the critics have not read the judgment itself, and therefore their criticism may be misplaced. A closer examination of both the judgments reveals that the findings of both courts were not without merits - hence the assessment given in this note.

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