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Rh narrow question of the confirmation of unconstitutionality. I accordingly summarise only the relevant facts.

In 1991 the applicant was convicted on four counts of indecency involving children. As a result, he was suspended from practising as a dentist for three years, commencing in 1996. During 1997, while working as a bus driver for a tour bus company, he met Mrs B. He and Mrs B became close and she introduced him to her family, which included her husband and her two sons L and A. The applicant and the family were friendly and he often slept over at their home, usually in the room of the youngest son (A), which had bunkbeds. The applicant had informed the family of his previous conviction explaining that he was innocent and that the parents of the children had simply sought money from him.

The applicant was generous with Mr and Mrs B’s children, giving them gifts and sweets, and often lent money to their parents. The first of a series of indecent acts took place towards the end of 1997 between the applicant and L, when L was 14 years and A approximately 7 years old.

Procedural history

Having been convicted in the Pretoria Regional Court on 9 February 2005 on charges of violating section 14(1)(b) of the Act and sentenced to a total of 11 years’ imprisonment, the applicant appealed to the Transvaal High Court. On 21 November Rh