"On Friday, the Cape High Court held that certain sections of the act, affecting 29 sexual offences, did not contain any penalty clauses, and therefore nobody can be charged with any of these acts...," Democratic Alliance justice spokesperson Debbie Schafer said in a statement.
The gap in legislation, Schafer said also had "huge implications" for those already convicted on certain offences. In the case, charges were dropped against a man accused of a sexual offence after his lawyer argued that there were no penalties for the specific charge under the act. WITS law professor Stephen Tuson said that the principal of legality meant there could be no crime without a stipulated punishment.
Schafer said she would write to the chairperson of the justice portfolio committee asking him, in consultation with Justice Minister Jeff Radebe, to correct the matter. It was vital that a bill was "urgently" tabled to ensure other offenders did not escape prosecution, News24 reports.
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