High Court strikes down 20-year 'expiry date' on prosecuting sexual offences
19 June 2017
Johannesburg - The High Court in Johannesburg has lifted a 20-year "expiry date" on prosecuting sexual offences.
In a victory for victims of sexual abuse, the court has declared Section 18 of the Criminal Procedure Act unconstitutional, after it was challenged by the alleged victims of the late billionaire Sydney Frankel.
On Monday the court declared that section 18 of the CPA was inconsistent with the Constitution and invalid, to the extent that it bars the right to institute a prosecution for all sexual offences - other than those listed in section 18 - after 20 years has passed since the time of the offence.
The court said the declaration of constitutional invalidity had been suspended for a period of 18 months, in order to allow Parliament to remedy the constitutional defect.