28 offence. Once that is recognised the obvious question is why should it be any different in relation to the statutory offence? The absurdity of importing a limitation into the language of s 276(1), so that a charge based on a particular set of facts will be unimpeachable if it is a charge of a common law crime, but invalid if it is based on a statute making those facts a statutory crime, is apparent. It is even more apparent when it is recognised that the statutory crime is in substance the equivalent of the common law crime that it replaces. No reason could be suggested why the application of s 276(1) to the statutory crime would place Mr Prins in a less advantageous position than he would have been in had he been charged on the same facts with the crime of indecent assault. The statutory offence under s 5(1) mimics the common law offence of indecent assault. Thus the courts will have a pattern of sentencing in past cases to guide them in fixing an appropriate sentence for the equivalent statutory offence. [36] Although it cannot affect the construction of s 276(1), we were addressed on the reasons for the omission in the Act to specify penalties for the offences in chapters 2, 3 and 5. However, the submissions fluctuated wildly, with parties commencing by saying that the omission was a mistake and, under probing questions from the bench, ending by saying that it was deliberate. All that this demonstrates, as was said in Natal Joint Municipal Pension Fund v Endumeni Municipality, supra,43 is that little purpose is served by speculation as to the intention of Parliament.44 We simply do not know whether the omission of specific penalties in relation to these offences or a general penalty clause covering them, whether the omission was deliberate or an oversight. What we do 43 Para 20. 44 Significantly the Minister did not say in the affidavit in support of his application to intervene why the Act did not contain any penalty provisions in respect of these offences. As he chose not to tell us why this had happened I do not think it appropriate for us to speculate on the reasons.