ZONDI AJ
3.

During the period of suspension section 18(f) of the Criminal Procedure
Act is to be read as though the words ―and all other sexual offences
whether in terms of common law or statute‖ appear after the words ―the
Criminal Law (Sexual Offences and Related Matters) Amendment Act,
2007, respectively‖.

4.

Should Parliament fail to enact remedial legislation within the period of
suspension, the interim reading-in remedy shall become final.

5.

The declaration of invalidity is retrospective to 27 April 1994.

6.

The first respondent‘s appeal against the costs order of the High Court is
dismissed with no order as to costs.

7.

The second respondent is to pay the costs of the confirmation
proceedings.

JUDGMENT

ZONDI AJ (Zondo ACJ, Cameron J, Froneman J, Jafta J, Kathree-Setiloane AJ,
Kollapen AJ, Madlanga J, Mhlantla J and Theron J concurring):

Introduction
[1]

The issue in this matter relates to the constitutionality of section 18 of the

Criminal Procedure Act1 (CPA), which provides that the right to institute a prosecution
for all sexual offences other than rape or compelled rape is limited to a period of
20 years from the time when the offence was committed.

The High Court of

South Africa, Gauteng Local Division, Johannesburg (High Court) declared section 18
constitutionally invalid ―to the extent that it bars, in all circumstances, the right to
institute a prosecution for all sexual offences, other than those listed in section 18(f),
(h) and (i), after the lapse of a period of 20 years from the time when the offence was
1

51 of 1977.

3

Select target paragraph3