SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy 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.