Neutral citation:

Levenstein and Others v Estate of the Late Sidney Lewis Frankel
and Others 2018 ZACC 16

Coram:

Zondo ACJ,
Cameron J,
Froneman J,
Kathree-Setiloane AJ, Kollapen AJ, Madlanga J,
Theron J and Zondi AJ

Judgments:

Zondi AJ (unanimous)

Heard on:

14 November 2017

Decided on:

14 June 2018

Summary:

Criminal Procedure Act 51 of 1977 — constitutionality of
section 18 — section 18 is unconstitutional

Jafta J,
Mhlantla J,

Prescription of the right to institute prosecution for sexual offences
other than rape or compelled rape — bar to prosecution after
twenty years since commission of offence — section 18
distinguishes between rape or compelled rape and other sexual
offences for purposes of prescription — section 18 is irrational and
arbitrary

ORDER

On application for confirmation of the order of the High Court of South Africa, Gauteng
Local Division, Johannesburg (Hartford AJ):
1.

The declaration of constitutional invalidity of section 18 of the Criminal
Procedure Act 51 of 1977 made by the High Court of South Africa,
Gauteng Local Division, Johannesburg is confirmed.

2.

The order is suspended for 24 months from the date of this order to afford
Parliament an opportunity to enact remedial legislation.

Select target paragraph3