34
sex sexual activities by setting the legal age of consent at 16 and 19 years,
respectively.
1.2
It is declared that, with effect from 27 April 1994, s 14(1)(b) of Act 23 of 1957
is to be read as though the words ‘under the age of 19 years’ after the words ‘a boy’
have been replaced with the words ‘under the age of 16 years’.
1.3
It is declared that, with effect from 27 April 1994, s 14(3)(b) of Act 23 of 1957
is to be read as though the words ‘ under the age of 19 years’ after the words ‘ a girl’
have been replaced with the words ‘under the age of 16 years’.
1.4
In terms of s 172(1)(b) of the Constitution, it is ordered that the orders in
paragraphs 1.1, 1.2 and 1.3 shall not invalidate any conviction for a contravention of
s 14(1)(b) or 14(3)(b) of Act 23 of 1957 unless an appeal from or a review of the
relevant judgment is pending, or the time of noting an appeal from that judgment has
not yet expired, or condonation for the late noting of an appeal or late filing of an
application for leave to appeal is granted by a court of competent jurisdiction.
2.
These orders, insofar as they declare provisions of Act 23 of 1957 to be
invalid, are referred to the Constitutional Court for confirmation in terms of
s172(2)(a) of the Constitution.
3.
The appeal in respect of the appellant’s convictions on counts 1, 2, 3 and 4
fails.
4.
Subject to the confirmation by the Constitutional Court of the orders of
constitutional invalidity set out in paragraph 1 above the appeal in respect of the
appellant’s convictions on counts 6, 7, 8, 9, 10 and 11 succeeds and those convictions
are set aside.
5.
In terms of s 172(2)(b), the sentences imposed on the appellant in respect of
counts 6, 7, 8, 9, 10 and 11 are suspended pending the decision by the Constitutional
Court in respect of the confirmation of the orders of constitutional invalidity.
6.
The registrar of this Court is directed to:
6.1
forward a copy of this judgment, together with the record, to the Registrar of
the Constitutional Court
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