O’REGAN J and SACHS J
criminal prohibitions in them relate only to those engaged in the provision of commercial sex. It
is not necessary to make a specific order in this regard, as this reading constitutes a purposive
interpretation of the sections concerned and not a finding of invalidity coupled with an order of
notional severance. In the circumstances, we would propose the following order:
(1)
Section 20(1)(aA) of the Sexual Offences Act, 23 of 1957 is declared to be
inconsistent with the Constitution and invalid.
(2)
The order in paragraph 1 is suspended for a period of 30 months from the date of
this judgment.
(3)
The appeals of the first and second appellants are dismissed.
(4)
The order of the High Court is set aside and replaced with the following order:
The appeals of the three appellants are dismissed and their convictions and
sentences confirmed.
Langa DCJ, Ackermann J and Goldstone J concur in the judgment of O’Regan J and Sachs J.
87
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