ZONDI AJ perform by placing a time-bar on the prosecution of sexual abuse, other than rape and compelled rape. [28] As for the accused‘s right to a fair trial,22 the applicants contend that striking down section 18 will not preclude an accused from raising the delay as a reason for a permanent stay of prosecution. Furthermore, they contend that if the impugned section was expanded to include all forms of sexual assault, the accused‘s right to a fair trial would still be protected, even before the trial phase, as the NPA would retain the discretion on whether to prosecute based on various factors, including the length of the delay and the availability of evidence. [29] With regards to the suspension of the declaration of invalidity, the applicants contend that there is no basis for doing so. On invalidity coupled with a reading-in, the applicants argue that such remedy is ―technically flawed‖. This is so, argue the applicants, because if Parliament fails to enact remedial legislation during the period of suspension, the declaration of invalidity becomes operative without the words that have been read in. This would not be just and equitable. The applicants call for a declaration of invalidity coupled with a ―reading-in‖ without suspending the order. [30] Further, although the applicants initially sought a declaration that was limited to sexual offences committed against children, they support the reasoning of the High Court for wider relief. As regards the date on which the declaration of invalidity should be effective, the applicants contend that it should apply retrospectively to 4 February 1997, the date on which the Constitution came into effect. Their alternative contention is that in any event, retrospectivity should apply in the present matter as the declaration of invalidity does not have the effect of creating a new crime. It only removes the limitation on the right to prosecute that is afforded to the NPA. But, in argument before us, counsel for the applicants in reply argued that the declaration of 22 Section 35(3) of the Constitution. 14