CCT54/15

[2015] ZACC 16

2015 (10) BCLR 1129 (CC)

Nkabinde J

15 June 2015

http://hdl.handle.net/20.500.12144/3798

Uurgent application for direct access to this Court concerning the declaration of invalidity granted in Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another (CCT 12/13) [2013] ZACC 35; 2013 (12) BCLR 1429 (CC); 2014 (2) SA 168 (CC); 2014 (1) SACR 327 (CC) (3 October 2013).

Extension of period of suspension of declaration of invalidity — factors to be considered — urgency — explanation sufficient. Urgent application for direct access for the extension of the suspension of the declaration of invalidity granted in Teddy Bear Clinic for Abused Children v Minister of Justice and Constitutional Development (Teddy Bear Clinic). There, sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 were declared to be inconsistent with the Constitution and invalid, insofar as they criminalised consensual sex between children aged between 12 and 16 years old. The declaration of invalidity was suspended for 18 months (from 3 October 2013 to 2 April 2015). A moratorium was imposed on all investigations and prosecution of children under the provisions. The Minister sought an extension of the suspension of invalidity from 2 April 2015 to 15 August 2015. The hearing of the urgent application was preceded by an order granting a limited extension of the suspension from 2 April 2015 until 15 May 2015. The issue for determination when the application was heard on 7 May 2015 was whether the period of suspension should be further extended to 5 August 2015. On 13 May 2015, after oral argument, the Court granted the requested extension to 5 August 2015. The Court’s judgment, issued later, held that Parliament’s explanation for the delay in implementing the previous court order was adequate. There was no prejudice to any party. And, based on assertions on behalf of the Acting Speaker, there was no reason to doubt the capacity of Parliament to comply with the further-extended timeline. The extension would thus promote orderly state administration for the benefit of the general public and would be just and equitable. Judgment: Nkabinde J (unanimous).