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		Procedure Act, 1977 (“Schedule 1 of the CPA”); and
(c)		the inclusion of sodomy as an item in the schedule to the Security Officers Act, 1987 (“the Security Officers Act Schedule”);

made by Heher J in the Witwatersrand High Court on 8 May 1998.^[1] These declarations were made and referred to this Court for confirmation under section 172(2)(a) of the 1996 Constitution.^[2]

[2]⁠The full order made by Heher J reads as follows:

“1.		It is declared that the common-law offence of sodomy is inconsistent with the Constitution of the Republic of South Africa 1996.
2.		It is declared that the common-law offence of commission of an unnatural sexual act is inconsistent with the Constitution of the Republic of South Africa 1996 to the extent that it criminalises acts

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1. Reported as National Coalition for Gay and Lesbian Equality and Others v Minister of Justice and Others 1998 (6) BCLR 726 (W).
2. The Constitution of the Republic of South Africa 1996. The new Rules of the Constitutional Court were only promulgated on 29 May 1998 and the present referral by the High Court took place according to the procedure sanctioned by this Court in Parbhoo and Others v Getz NO and Another 1997 (10) BCLR 1337 (CC); 1997 (4) SA 1095 (CC) at paras 1 to 6.