MOKGORO J
various forms of sexual conduct, appetite, and inclination (sexual intercourse, licentiousness,
lust, homosexuality . . . ), listed in the purported definition in section 1 of the Act must each be
accounted for, and assigned distinct meanings. That exercise renders a prima facie already very
inclusive list much broader still. The same procedure must be attempted in giving meaning to
each of the various transitive verb forms preceding the list of forms of sexual conduct, appetite and
inclination. Proscribed material is defined to include photographic matter “depicting, displaying,
exhibiting, manifesting, portraying or representing sexual intercourse . . .”.
The terms
displaying, portraying and exhibiting are not immediately problematic, but manifesting and
representing are capable of yielding an almost unlimited set of potential references.
[58]
Thus, for example, the verb manifest is defined in the Oxford English Dictionary as
synonymous with “display”.95 Seeking an alternative meaning that will render both terms nonredundant in context forces us to assign the broader dictionary meanings of display, such as evince,
be evidence of and attest. Similarly, the dictionary gives to the verb represent a primary
meaning of bring clearly and distinctively to mind, esp. by description or imagination. But since
that denotation appears already to be captured in the verbs depict, display and portray, we are
thrown onto the broader, alternative meanings, such as symbolise, be an equivalent of, and
correspond to. Examples could obviously be multiplied. Consider, to take just one, the scope
of the prohibition if we apply the transitive verb form symbolise to the noun lust.
assumed that the two different words -- each with is own meaning -- are primarily aimed at expressing different
ideas or referring to different phenomena.”)
95
It is well established that resort to dictionaries is permissible in statutory interpretation. See Minister of the
Interior v Machadodorp Investments 1957 (2) SA 395 (A) 402 (referring to Shorter Oxford English Dictionary
and to The Standard Dictionary of the English Language) (per Steyn, JA); see also S v Nunes 1975 (4) SA 929
(T) 931.
33
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