Tag: Constitutional Court
PRESS RELEASE: SA Constitutional Court to hear case regarding removal of 20 year statute of limitations for sexual offences that do not include rape
On 14 November the Constitutional Court will hear the case seeking confirmation of the South Gauteng High Court judgment handed down on the 19 June by Acting Judge Hartford in the matter between Levenstein (and 7 others) and Sidney Frankel, the Minister of Justice and Constitutional Development, and the Director of Public Prosecutions, (Case 29573/2016). The judgement struck down section 18 of the Criminal Procedure Act as unconstitutional. The section barred the right to prosecute all sexual offences, other than rape, after a period of 20 years after the offence has been perpetrated.
Last week’s Constitutional Court ruling decriminalising consensual sexual relationships between teens was met with moralising outrage across the country. Sensationalist media fanned the flames of indignation by failing to contextualise the law’s effect on teen sexual relations – including rape.
Under the impugned sections 15 and 16 of the Sexual Offences Act (SOA) teenage rape survivors, especially girls, run the risk of being criminally charged for being raped.
By MICHELLE SOLOMON MOUNT Frere-born advocate Mbuyiseli Russell Madlanga was yesterday sworn in as a Constitutional Court judge. The latest addition to the Concourt bench brings a host of notable achievements. Mdlanga was born in Njijini village in 1962, and despite his apartheid-era education managed to come top of his class throughout his tertiary education…. Read More ›