Pretoria - Justice Minister Jeff Radebe has welcomed the Supreme Court of Appeal (SCA) judgement which upheld the appeal by the Western Cape Director of Public Prosecutions (DPP) against a High Court judgment that confirmed the dismissal of sexual assault charges against a Western Cape man.
"The judgment dispels doubts cast on Parliament in passing the Sexual Offences Act without any penalties and also confirms the convictions of all persons who have committed crimes since the implementation of the Act.
"All cases reported to the South African Police Service will continue to be investigated and taken to trial in the normal course," said Radebe in a statement on Friday.
He said the judgment brought certainty to the criminal justice system in the fight against crime.
The full bench of the Western Cape High Court had ruled in the unreported matter - DPP WC versus Prins - that section 5(1) of Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 did not disclose a punishable offence.
Arnold Prins was indicted on a charge of sexual assault in contravention of Section 5(1) of the Act.
The Regional Magistrate quashed the charge because it did not disclose an offence as Section 5 (1) of the Sexual Offences Act does not contain any penalty for the alleged offence - but the DPP office appealed that judgment.
The Western Cape High Court dismissed the State's appeal based on the principle that there is no punishment without a law.
On Friday, the SCA unanimously found both decisions of the Western Cape High Court and Riversdale Magistrate Court to be wrong and set aside that decision. It dismissed the order of the Magistrate Court which dismissed the charge and effectively dismissed the objection to the charge.
The Western Cape Director of Public Prosecutions (DPP) will now recharge Prins and reinstate the case so that the trial can proceed.
Radebe said: "The Department of Justice and Constitutional Development and law enforcement agencies reaffirm their commitment to continue their fight against crime, and in this instance, sexual offences committed against the vulnerable in our society."
