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REPUBLIC OF SOUTH AFRICA

THE SUPREME COURT OF APPEAL
OF SOUTH AFRICA
REPORTABLE

Case number: 470/2007
In the matter between:
IZAK ANDREAS GELDENHUYS

Appellant

and

THE STATE

CORAM:

Respondent

STREICHER, CAMERON, NUGENT, VAN HEERDEN JJA and
KGOMO AJA

HEARD:

26 FEBRUARY 2008

DELIVERED: 31 MARCH 2008
Summary: Sexual Offences Act 23 of 1957 – constitutional validity of ss 14(1)(b) and 14(3)(b) of
Act – distinction drawn between heterosexual and same-sex sexual activities by setting legal age
of consent at 16 and 19 years, respectively, held to be unconstitutional – severance and reading-in
so far as to make legal age of consent in respect of both heterosexual and same-sex sexual acts 16
years – qualified retrospectivity of the order of constitutional invalidity – appeal against
conviction on six counts relating to same-sex sexual acts with boy over the age of 16 years but
under the age of 19 years set aside, subject to confirmation by Constitutional Court of order of
constitutional invalidity – appeal against convictions on four counts in respect of sexual acts at
times when boy in question under the age of 16 years dismissed.

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