ZONDI AJ committed‖.2 That order is before this Court for confirmation in terms of section 172(2) of the Constitution.3 There are also two further matters that need to be resolved in these proceedings. First is the application by the fourth respondent, the Women‘s Legal Centre Trust (WLC) to adduce further evidence. The second is an appeal by the first respondent, the Estate of the Late Sidney Lewis Frankel (Estate) against the costs order of the High Court. [2] I must emphasise that although this judgment accepts that all sexual offences are equally serious and that the harm they all cause is significantly serious, this matter is not about the magnitude of sentences that must be imposed on those convicted of such offences. Rather, it is about the constitutionality of the distinction that section 18 draws between rape or compelled rape, and other sexual offences for purposes of prescription. [3] The application for confirmation arises from a refusal by the third respondent, the Director of Public Prosecutions, Gauteng (DPP) to prosecute the late Mr Sydney Lewis Frankel whom the applicants allege sexually assaulted them in and around Johannesburg more than 20 years ago when the applicants were between the ages of 6 and 15. The DPP declined to prosecute Mr Frankel on the ground that the crimes he was accused of having committed occurred more than 20 years earlier and that section 18 of the CPA bars the right to institute prosecution for such crimes. 2 NL v Frankel 2017 (2) SACR 257 (GJ) (High Court judgment) at 287. 3 Section 172(2) of the Constitution reads: ―(a) The Supreme Court of Appeal, the High Court of South Africa or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court. (b) A court which makes an order of constitutional invalidity may grant a temporary interdict or other temporary relief to a party, or may adjourn the proceedings, pending a decision of the Constitutional Court on the validity of that Act or conduct. (c) National legislation must provide for the referral of an order of constitutional invalidity to the Constitutional Court. (d) Any person or organ of state with a sufficient interest may appeal, or apply, directly to the Constitutional Court to confirm or vary an order of constitutional invalidity by a court in terms of this subsection.‖ 4