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CONSTITUTIONAL COURT OF SOUTH AFRICA CASE NO CCT 20/95 Case, Patrick Case, Inga and The Minister of Safety and Security The Minister of Justice The Attorney-General CASE NO CCT 21/95 Curtis, Stephen Roy and The Minister of Safety and Security The Minister of Justice The Attorney-General Heard on: 5 September 1995 Delivered on: 9 May 1996 JUDGMENT [1] MOKGORO J: This case concerns the simultaneous adjudication of the matters of Patrick and Inga Case (Case No. CCT 20/95), and Stephen Roy Curtis (Case No. CCT 21/95) (hereinafter, when referred to collectively, the “Applicants”. ) All three were charged with the contravention of section 2 of the Indecent or Obscene Photographic Matter Act, 37 of 1967, as amended (hereinafter, the “Act” or the “1967 Act”), in the Randburg Magistrates’ Court.

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PATRICK CASE & INGA CASE v THE MINISTER OF SAFETY AND SECURITY, 1996

Cases

Country

Latitude: -31.005484474142992

Longitude: 23.460146846172638

Country (linked Cases): South Africa

Court location: South Africa: Johannesburg

Court: South Africa: Constitutional Court, South Africa

Date of judgement: May 9, 1996

Keywords

Best interests of the Child
Pornography
Right to dignity
Right to privacy

Gender of victim

Gender not specified

Gender of accused/perpetrator

Male: Man (18+)

Language: English

Summary: In the matter of two cases brought before the magistrate’s courts, the two of the applicants (Patrick and Inga) were charged with possession of some 150 video cassettes containing sexually explicit matter. The other applicant (Stephen Roy Curtis), was also charged with possession of around five similar cassettes. All cassettes found were seized. The accused challenged the constitutionality of the statutory offenses in which they were charged. Proceedings in the magistrate’s courts were suspended and the matters were referred to a local division of the Supreme Court where the applicants applied to have the matte referred to the constitutional courts in terms of the provisions of s 2(1) of the Indecent or Obscene Photographic Matter Act 37 of 1967. After deliberation The Court accordingly declared s 2(1) of Act 37 of 1967 inconsistent with the Constitution.

Primary Documents

South-Africa-Case_Constitutional_Court-Case-and-another_vs_State-and-other-No_2095-En.pdf
english
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