DIDCOTT J
separate legislation as I mentioned earlier, is surely their production whenever that occurs here,
the importation of ones produced elsewhere, and the dissemination of all.
[94]
The debate which took place when we heard the present matters spread far and wide over
the field of pornography and obscenity, exploring every visible pocket of it and stepping in the
process on many prickly points. We should tread no such path in turn. To do so is not only
unnecessary, and to be avoided on that conventional count, but also unwise. That I say for these
expedient yet cogent reasons. The statute that concerns us has apparently entered its twilight,
together with the other legislation dealing at present with pornography and obscenity. Fresh
legislation which will replace the lot is currently in the course of preparation. Sooner or later we
shall no doubt be required to pass judgment on the enacted replacement. But, while we can expect
that, we ought not to anticipate it. We shall otherwise run the risk of fettering ourselves with
premature decisions on important and contentious questions which have implications for future
adjudication that are hard to foresee now. The less we say meanwhile, in short, the better that
will be in the long run.
[95]
I accordingly concur in the judgment which Langa J has prepared in these two cases. The
construction placed by him on this one of mine, I confirm in particular, is indeed that which I
intended it to bear, when read as a whole. The judgment written by Mokgoro J, on the other hand,
differs markedly from my treatment of the cases in both its focus and its ambit. Within its
framework it also contains some features and details which strike me at present as open to question
but do not have to be considered on the view that I take of the matters. I shall therefore not concur
in her judgment, as distinct from the order which she proposes. With that I quite agree. I do so,
53
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