Synopsis:
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)