and CENTRE FOR APPLIED LEGAL STUDIES First …

CONSTITUTIONAL COURT OF SOUTH AFRICA. Case CCT 54/06. [2007] ZACC 9. FANUEL SITAKENI MASIYA Applicant versus DIRECTOR OF PUBLIC PROSECUTIONS. ( pretoria ) First Respondent MINISTER OF JUSTICE AND CONSTITUTIONAL. DEVELOPMENT Second Respondent and CENTRE FOR APPLIED LEGAL STUDIES First Amicus Curiae TSHWARANANG LEGAL ADVOCACY. CENTRE Second Amicus Curiae Heard on : 9 November 2006. Decided on : 10 May 2007. JUDGMENT. NKABINDE J: [1] This case is about the constitutional validity of the common law definition of rape to the extent that it excludes anal penetration and is gender-specific. The case concerns the manner in which the definition of rape has been understood, developed and interpreted in South African law. The definition has been debated by the courts, NKABINDE J. Legislature and civil society over the years. Essentially, this matter comes before this Court on two bases. First , confirmation proceedings in terms of section 172(2)(a)1 of the Constitution. Second, an application for leave to appeal2 against the whole of the judgment and order of the pretoria High Court3 in which that Court confirmed the applicant's conviction by the Regional [2] The full terms of the order against which leave to appeal is sought read as follows: 1.

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 54/06 [2007] ZACC 9 FANUEL SITAKENI MASIYA Applicant versus DIRECTOR OF PUBLIC PROSECUTIONS (PRETORIA) First Respondent

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