NGCOBO J
did the appellants appeal against the sentence. The finding that the impugned provisions are
constitutional therefore disposes of the appellants appeal. It follows that the convictions and
sentences imposed by the Magistrates’ Court must be reinstated.
[33]
In the event, the following order is made:
(1)
The Court declines to confirm the order of the High Court declaring invalid
section 20(1)(aA) of the Sexual Offences Act 23 of 1957.
(2)
The order made by the High Court is set aside and is replaced by an order
dismissing the appeals.
(3)
The appeals by the first and second appellants are dismissed.
Chaskalson CJ, Kriegler J, Madala J, Du Plessis AJ and Skweyiya AJ concur in the judgment of
Ngcobo J.
O’REGAN J and SACHS J:
Introduction
[34]
On 20 August 1996 a police officer entered a brothel owned by the first appellant in
Pretoria, paid R250 to the second appellant, a salaried employee, and received a pelvic massage
16
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