NPA to appeal sex offences finding

2012-05-24 09:11

Johannesburg - The National Prosecuting Authority (NPA) will apply to the Western Cape High Court on Thursday for leave to appeal a finding that 29 sexual offences are not punishable because the Sexual Offences Act does not specify penalties for them.

"We believe that we will successfully argue for the court to grant us leave," NPA spokesperson Mthunzi Mhaga said.

Earlier this month, the court upheld a decision by the Riversdale Magistrate's Court that a man who forcibly fondled a woman could not be sentenced because the behaviour had no penalty under the act.

Other offences without a penalty include sexual assault, consensual sexual acts with children, sexual exploitation and grooming of children, and sexual offences against mentally disabled people.

Justice Minister Jeff Radebe said the government would also appeal the ruling.

  • Freedom - 2012-05-24 09:29

    Wat a joke, so a man that invades a womans space and fondles her is protected by the ACT?????? that is y the township men are committing sexual offences against mentally disable people... only in africa, must be the Traditional leaders influence as it is in their culture.

  • Nigel - 2012-05-24 09:55

    Unbelievable. When you create a Law, there has to be a 'sanction' attached to it otherwise it is meaningless and one cannot apply the Law. Did they forget? What damn moron did this? The ANC will just never get their act together. They're a liberation party and not capable of governing anything.

      Jeffrey - 2012-05-24 10:44

      @negel.b. I differ to point finger on ANC only. and also previous GOVT (maybe Aparthied). remember most of lwas were taylored by the previous GOVT, with the African National Careless including them in the new laws. now I can conclude that South Africa has never had any caring Govt. the law of jungle is galping MY beatiful Africa

      John - 2012-05-28 03:23

      @jefferey, With all due respect, the cANCer gov has had 18 years to rectify any loopholes or whatever in the laws "created" by the previous gov. How many of these crimes have been committed since then? This article relates to 29 of them! I'm also crying for my beautiful SA! Let's stand together5 and get a GOVERNMENT who actually cares! DA for the people of SA

  • Jeffrey - 2012-05-24 10:34

    This is not a joke but stupid legal weak armbit. what are saying, how many other acts that can not be punishable. ooh my Africa, what stupid Judges, prosecutors, magistrates, Lawyers, fools leading C@nstitutional court. what does section 12 of the now stupid book they call constitution stand for. this should have been on question long before. OOh my Africa your are lead by "blinds" careless ones. the can even be proud that they are going to argue that this categories of sexual offinces are holy. never utter such insinuations before but God forbid,evils of Sodom and Gomora

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