Geldenhuys v National Director of Public Prosecutions
Encyclopedia
Geldenhuys v National Director of Public Prosecutions and Others is a decision of the Constitutional Court of South Africa
which struck down as unconstitutional provisions in the Sexual Offences Act, 1957
which set an age of consent
of 19 for homosexual sex but only 16 for heterosexual sex. The ruling came after the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
had set the age of consent at a uniform 16, but dealt with a conviction that had been handed down before the equalisation.
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
which struck down as unconstitutional provisions in the Sexual Offences Act, 1957
Sexual Offences Act, 1957
The Sexual Offences Act, 1957 is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution...
which set an age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
of 19 for homosexual sex but only 16 for heterosexual sex. The ruling came after the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
The Criminal Law Amendment Act, 2007 is a South African Act of Parliament which comprehensively revised and codified the law relating to sex offences...
had set the age of consent at a uniform 16, but dealt with a conviction that had been handed down before the equalisation.
See also
- LGBT rights in South Africa
- National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others