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South Africa Case Law

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Constitutional Law [2024] ZAGPPHC 961

Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (04856/22)

Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (04856/22) [2024] ZAGPPHC 961; 2025 (1) SACR 36 (GP) (30 September 2024)

Court
North Gauteng High Court, Pretoria
Case number
04856/22
Judge
Baqwa

The High Court held that key sexual offences provisions are unconstitutional to the extent that they allow a subjective belief in consent without objectively reasonable steps.

  • Sexual Offences Amendment Act
  • Consent In Sexual Offences
  • Bill Of Rights Limitation
  • Gender Based Violence
  • Objective Vs Subjective Fault
  • International Human Rights Obligations
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.