MOKGORO J
the words ‘a boy’ have been replaced with the words ‘under the age of 16
years’.
1.3
It is declared that, with effect from 27 April 1994, s 14(3)(b) of Act
23 of 1957 is to be read as though the words ‘under the age of 19 years’ after
the words ‘a girl’ have been replaced with the words ‘under the age of 16
years’.
1.4
In terms of s 172(1)(b) of the Constitution, it is ordered that the
orders in paragraphs 1.1, 1.2 and 1.3 shall not invalidate any conviction for a
contravention of s 14(1)(b) or 14(3)(b) of Act 23 of 1957 unless an appeal
from or a review of the relevant judgment is pending, or the time of noting an
appeal from that judgment has not yet expired, or condonation for the late
noting of an appeal or late filing of an application for leave to appeal is
granted by a court of competent jurisdiction.”
2.
There is no order as to costs.
Langa CJ, Moseneke DCJ, Madala J, Ngcobo J, O’Regan J, Sachs J, Van der
Westhuizen J and Yacoob J concur in the judgment of Mokgoro J.
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