Court, despite being invited to do so in the directions of the President under rule 15(5) of the Constitutional Court Rules.[1] On behalf of the first respondent, the State Attorney intimated that the first respondent abided by the orders made in the High Court, that no written argument would be lodged on his behalf as requested in the President’s directions and that he would be represented at the hearing “to assist the court in the event the court puts any questions to his representative.” At the hearing the first respondent was represented by Ms Masemola. The Centre for Applied Legal Studies was admitted as amicus curiae under rule 9, lodged heads of argument and was allowed to present oral argument before the Court.
[7]The CPA and various other statutes contain provisions linked to certain offences which are not expressly identified in such provisions, but are merely described as offences listed in Schedule 1 of the CPA. The effect of the inclusion of the offence of sodomy in Schedule 1 is, amongst other things, the following:
| (i) | Section 37(1)(a)(iv) of the CPA empowers any police official to take fingerprints, palm-prints or footprints of any person on whom a summons has been served in respect of the offence of sodomy; | |
| (ii) | Section 40(1)(b) of the CPA allows a peace officer to arrest any person |
- ↑ Above n 2.
