ZONDI AJ section 18 was enacted, offences that could attract the death penalty and which were excluded from prescription were, among others, rape, murder and treason. [45] In 1997, as a result of the judgment of this Court in Makwanyane in which the death penalty was declared unconstitutional,30 section 18 was amended by the Criminal Law Amendment Act,31 to include a list of offences that were particularly serious.32 These offences were excluded from the 20-year prescription period. SORMA, which came into effect on 16 December 2007, broadened the ambit of section 18 of the CPA by extending the definition of rape to include all forms of sexual penetration; and adding the offences of compelled rape and using a child or person who is mentally disabled for pornographic purposes. These are the offences to which the 20-year prescription period does not apply. [46] Section 18 now reads: ―The right to institute a prosecution for any offence, other than the offences of— (a) murder; (b) treason committed when the Republic is in a state of war; (c) robbery, if aggravating circumstances were present; (d) kidnapping; (e) child-stealing; (f) rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; (g) the crime of genocide, crimes against humanity and war crimes, as contemplated in section 4 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002; or (h) trafficking in persons for sexual purposes by a person as contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or 30 S v Makwanyane [1995] ZACC 3; 1995 (3) SA 391 (CC); 1995 (6) BCLR 665 (CC). 31 105 of 1997. 32 These offences were murder, treason committed when the Republic is in a state of war, robbery, if aggravating circumstances were present, kidnapping, child stealing, or rape. 19