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the words ‘a boy’ have been replaced with the words ‘under the age of 16 years’.

1.3 It is declared that, with effect from 27 April 1994, s 14(3)(b) of Act 23 of 1957 is to be read as though the words ‘under the age of 19 years’ after the words ‘a girl’ have been replaced with the words ‘under the age of 16 years’.

1.4 In terms of s 172(1)(b) of the Constitution, it is ordered that the orders in paragraphs 1.1, 1.2 and 1.3 shall not invalidate any conviction for a contravention of s 14(1)(b) or 14(3)(b) of Act 23 of 1957 unless an appeal from or a review of the relevant judgment is pending, or the time of noting an appeal from that judgment has not yet expired, or condonation for the late noting of an appeal or late filing of an application for leave to appeal is granted by a court of competent jurisdiction.”

There is no order as to costs.

Langa CJ, Moseneke DCJ, Madala J, Ngcobo J, O’Regan J, Sachs J, Van der Westhuizen J and Yacoob J concur in the judgment of Mokgoro J.

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