- subject to confirmation by this Court, upholding the appeal on the remaining six counts;[1]
- suspending the sentences on the remaining six counts, pending this Court’s confirmation; and
- referring the order of invalidity to this Court for confirmation.
[9]On 21 April 2008, the applicant approached this Court seeking not only confirmation of the order of invalidity of the Supreme Court of Appeal, but seeking also to appeal against the remainder of his convictions. On 14 May 2008, his appeal was dismissed.
Applicant’s submissions
[10]The applicant sought confirmation of the order of the Supreme Court of Appeal. He made a straightforward equality argument, based on section 9 of the Constitution, to which I will return shortly. He echoed the finding of the Supreme Court of Appeal that counsel for the State were unable to suggest any constitutional justification for the discrimination in sections 14(1)(b) and 14(3)(b) of the Act, making the provisions unconstitutional and therefore invalid.
First and second respondents’ submissions
[11]While the first and second respondents concluded that “the question whether or not to confirm the ruling of the Supreme Court of Appeal is … left to the discretion of
- ↑ This is because if the age of consent is lowered from 19 to 16 years, then the applicant can no longer be convicted of what are termed immoral or indecent acts for any offence after L’s sixteenth birthday.
