Page:Geldenhuys v NDPP.djvu/10

Rh case, although the explanation for the conduct is inadequate, I am inclined to grant condonation. These are confirmation proceedings that require the presence of the Minister, who is responsible for the administration of the impugned Act. None of the parties suggested that they had suffered any prejudice as a result of the delay. In these circumstances it is in the interests of justice to grant condonation. This, however, should not detract from the importance of litigants ensuring compliance with the directions of the Chief Justice and/or the Rules of this Court. Non-compliance must not only be discouraged as it creates great inconvenience for the courts and other litigants; it may also result in prejudice to the latter, placing the administration of justice in jeopardy.

The issue

The matter before us has a narrow ambit. It concerns the confirmation of the order of invalidity of sections 14(1)(b) and 14(3)(b) of the Act, which set different ages of consent to what are termed acts of indecency for people of the opposite sex and people of the same sex. These provisions have already been repealed by Parliament and new legislation has already been promulgated. Thus, while the applicant is fully entitled to seek protection against unconstitutional legislation that Rh