This was an application referred from the North Gauteng High Court in Pretoria to confirm its ruling on the constitutionality of certain provisions of the Criminal Law, Sexual Offences and Related Matters, Amendment Act, Act 32 of 2007 (the Act) relating to the criminalization of consensual sexual conduct with and among children of a certain age.

In its decision, the High Court held that by criminalizing consensual contact between children of a certain age, Sections 15 and 16 of the Act violated the rights of the child and were therefore invalid and suggested amending the provisions by reading words into them. Under the terms of Section 172(2)(a) of the Constitution, the High Court’s ruling has no force unless and until confirmed by the Constitutional Court.