Parliamentary Monitoring Group report on Sexual Offences Amendment Bill

logo of the Parliamentary Monitoring GroupThe Department of Justice and Constitutional Development noted that when the Criminal Law (Sexual Offences and Related Matters) Act (the Act) was drafted, it reflected the legislature’s interpretation of the principle of legality, which was soundly based in law, that a court should have discretion to impose appropriate penalties. However, the Western Cape High Court, in the matter of S v Prinshad disputed that interpretation, relying on an opposing academic opinion, and had refused to convict an offender on the basis that the section under which he had been prosecuted did not set out a specific penalty, although other offences in the Act did set out specific penalties. This had serious ramifications for already-heard, part-head and pending cases.

Read the full report on the PMG Website

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