could validly be substituted.
The Order Declaring Section 20A of the Sexual Offences Act to be Constitutionally Invalid
[99]In substance this order has as little prospect of causing disruption as the order in relation to the common-law offence of sodomy if it is given a similar qualified retrospective effect.
The Order Declaring the Inclusion of Sodomy as an Item in Schedule 1 of the CPA to be Constitutionally Invalid
[100]The effect of including the offence of sodomy in this Schedule has been set forth in paragraph 7 above. The implication of an order declaring sodomy to be constitutionally invalid differs according to the particular section of the CPA or other statute to which Schedule 1 of the CPA relates, and different considerations apply in deciding the question of retrospectivity.
[101]Section 37(1)(a)(iv) of the CPA; section 3(1)(b) of the Intercepting and Monitoring Prohibition Act, 127 of 1992 (read with the definition of “serious offence” under section 1 of that Act); and section 13(8) of the South African Police Service Act, 68 of 1995 (the
