The Global Community Tribunal

I regard to the ‘Kissing Law’ (South Africa) and my post under the title ‘Kiss and its goodbye’  The initial confusion has now been clarified. I have received the following comment from Twylite  which I do hereby publish under postings to ensure that readers in general may take note. Thankyou very much for clarifying the situation. I also thank Arnold for his assistance in this regard. The result of his research has been published under comments. Twylite writes:

“Pasting only the relevant bits:
CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT
No 32, 2007

1. (1) In this Act …
‘‘child’’ means—
(a) a person under the age of 18 years; or
(b) with reference to sections 15 and 16, a person 12 years or older but under the age of 16 years,
and ‘‘children’’ has a corresponding meaning;

‘‘sexual violation’’ includes any act which causes—
(a) direct or indirect contact between the—
(ii) mouth of one person and—
(bb) the mouth of another person;

16. (1) A person (‘‘A’’) who commits an act of sexual violation with a child (‘‘B’’) is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual violation with a child.
(2) (a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the relevant Director of Public Prosecutions if both A
and B were children at the time of the alleged commission of the offence: Provided that, in the event that the Director of Public Prosecutions concerned authorises the institution
of a prosecution, both A and B must be charged with contravening subsection (1).
–

So two children of age 12 to 15 years kissing each other are both guilty of the offense of sexual violation, but it is up to the Director of Public Prosecutions to authorise a prosecution.

A person of 16 kissing a child of 15 is also guilty of sexual violation, but authority for prosecution is delegated to local offices of the NPA.

A good example of a badly written law.”

J.C.Grobler

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