CCT54/06

[2007] ZACC 9

2007 (5) SA 30 (CC)

2007 (8) BCLR 827 (CC)

Nkabinde J Majority judgment

10 May 2007

http://hdl.handle.net/20.500.12144/3059

Application for leave to appeal to the Constitutional Court against the judgment and order of Ranchod AJ delivered on 25th July 2006 in the Pretoria High Court, Case No. CC628/2005.

This was an application for confirmation proceedings and an appeal against the whole judgement and order of the Pretoria High Court. The common law definition of rape was challenged to the extent that it excluded anal penetration. S. 261 of the Criminal Procedure Act was declared to be invalid and unconstitutional. The section was extended to include acts of non-consensual penetration of a penis into the anus of a female. Majority: Nkabinde J (Moseneke DCJ, Kondile AJ, Madala J, Mokgoro J, O'Regan J, Van der Westhuizen J, van Heerden AJ and Yacoob J concurring) Dissent: Langa CJ (Sachs J concurring)