MOKGORO J Free State Police Offences Ordinance,10 which were in force until repealed and replaced in 1963, when Parliament enacted the Publications and Entertainment Act (the “1963 Act”).11 [8] The 1963 Act was the first of three pieces of legislation that form the legal foundation for the modern regulation of materials considered indecent, obscene or immoral. The second was the Publications Act, 42 of 1974 (the “1974 Act”), which repealed and replaced the 1963 Act. 12 The third was the 1967 Act, a section of which is the subject of the present referral. All three Acts trace their lineage to the Report of the Commission of Enquiry in Regard to Undesirable Publications, published on October 3, 1956, (the “Cronje Commission Report”), a lengthy and detailed investigation of “indecent, offensive or harmful literature.”13 [9] Section 2(1) of the 1967 Act provides as follows: Any person who has in his possession any indecent or obscene photographic matter shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rand or imprisonment for a period not exceeding one year or to both such fine and such imprisonment. Section 1 defines indecent or obscene matter as follows: [It] includes photographic matter or any part thereof depicting, displaying, exhibiting, manifesting, portraying or representing sexual intercourse, licentiousness, lust, homosexuality, Lesbianism, masturbation, sexual assault, rape, sodomy, masochism, sadism, sexual bestiality or anything of a like nature.14 10 Ordinance No. 21 of 1902 (O). 11 Act 26 of 1963, 12 The 1974 Act has been the main vehicle for the prohibition of the distribution of publications deemed “indecent or obscene or harmful or offensive to public morals”. § 47(2)(a) of Act 42 of 1974. See para 84, infra. 13 Cronje Commission Report, para 1:4. 14 Photographic matter is defined as: including “any photograph, photogravure and cinematograph film, and any pictorial representation intended for exhibition through the medium of a mechanical device.” 5