Neutral citation: Levenstein and Others v Estate of the Late Sidney Lewis Frankel and Others 2018 ZACC 16 Coram: Zondo ACJ, Cameron J, Froneman J, Kathree-Setiloane AJ, Kollapen AJ, Madlanga J, Theron J and Zondi AJ Judgments: Zondi AJ (unanimous) Heard on: 14 November 2017 Decided on: 14 June 2018 Summary: Criminal Procedure Act 51 of 1977 — constitutionality of section 18 — section 18 is unconstitutional Jafta J, Mhlantla J, Prescription of the right to institute prosecution for sexual offences other than rape or compelled rape — bar to prosecution after twenty years since commission of offence — section 18 distinguishes between rape or compelled rape and other sexual offences for purposes of prescription — section 18 is irrational and arbitrary ORDER On application for confirmation of the order of the High Court of South Africa, Gauteng Local Division, Johannesburg (Hartford AJ): 1. The declaration of constitutional invalidity of section 18 of the Criminal Procedure Act 51 of 1977 made by the High Court of South Africa, Gauteng Local Division, Johannesburg is confirmed. 2. The order is suspended for 24 months from the date of this order to afford Parliament an opportunity to enact remedial legislation.

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