Geldenhuys v National Director of Public Prosecutions
| Geldenhuys v National Director of Public Prosecutions |
|
| Court |
Constitutional Court of South Africa |
| Full case name |
Geldenhuys v National Director of Public Prosecutions and Others |
| Date decided |
26 November 2008 |
| Citation(s) |
[2008] ZACC 21, 2009 (2) SA 310 (CC), 2009 (1) SACR 231 (CC), 2009 (5) BCLR 435 (CC) |
| Judges sitting |
Chief Justice Langa, Deputy Chief Justice Moseneke, Justices Madala, Mokgoro, Ngcobo, O'Regan, Sachs, Van der Westhuizen, Yacoob |
| Decision by |
Justice Mokgoro |
| Appealed from |
Supreme Court of Appeal (S v Geldenhuys [2008] ZASCA 47) |
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.[1] 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.
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Repealed
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Durban Gay & Lesbian Community & Health Centre
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Category:LGBT in South Africa
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