The government will urgently appeal a Western Cape High Court finding that 29 sexual offences are not punishable because the Sexual Offences Act does not specify penalties for them.
Justice Minister Jeff Radebe is quoted as saying that he is aware of two other judgments, in KwaZulu-Natal and Free State, where a different conclusion has been reached.
"They said in cases where the law does not prescribe a penalty or sanction, it is up to the judicial officer to use their discretion. We have two divergent views. The higher courts must bring clarity," explains Radebe.
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