Submissions with respect to the Prescription in Civil and Criminal Matters (Sexual Offences) Amendment Bill [B 22b-2019]

The Constitutional Court’s decision in Levenstein and Others v Estate of the Late Sidney Lewis Frankel and Others 2018 ZACC 16 placed an onus on Parliament to enact remedial legislation within 24 months that would bring into effect its ruling on the unconstitutionality of Section 18 of the Criminal Procedure Amendment Act of 1977. Section 18 placed a bar of 20 years on the right to institute prosecution for all sexual offences other than rape, compelled rape, human trafficking and the use of persons who lack legal capacity for pornographic purposes.