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Rh could validly be substituted.

The Order Declaring Section 20A of the Sexual Offences Act to be Constitutionally Invalid

In substance this order has as little prospect of causing disruption as the order in relation to the common-law offence of sodomy if it is given a similar qualified retrospective effect.

The Order Declaring the Inclusion of Sodomy as an Item in Schedule 1 of the CPA to be Constitutionally Invalid

The effect of including the offence of sodomy in this Schedule has been set forth in paragraph 7 above. The implication of an order declaring sodomy to be constitutionally invalid differs according to the particular section of the CPA or other statute to which Schedule 1 of the CPA relates, and different considerations apply in deciding the question of retrospectivity.

Section 37(1)(a)(iv) of the CPA; section 3(1)(b) of the Intercepting and Monitoring Prohibition Act, 127 of 1992 (read with the definition of “serious offence” under section 1 of that Act); and section 13(8) of the South African Police Service Act, 68 of 1995 (the Rh