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For the Applicants: H. Epstein G.J. Marcus A. Dworsky Instructed by Hurwitz and Pashut For the Respondents: J.S.M. Henning, S.C. P.P. Stander R.J. Chinner Instructed by The State Attorney For the First and Second Intervening Parties: E.D. Moseneke, S.C. N.J. Louw Instructed by The State Attorney For People Opposing Women Abuse, et al. (as amicus curiae): J. Fedler Instructed by the Wits Law Clinic, University of the Witwatersrand For the Center for Applied Legal Studies, et al. (as amicus curiae): D.M. Davis M. Chaskalson Instructed by O’Donovan and Associates For The Christian Lawyers’ Association (as amicus curiae): H. Van R Woudstra, S.C. M. Helberg, S.C. Instructed by Peter F. Caldwell 63

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

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