and it is therefore considered prudent, in the appropriate order, to confer a discretion on a court of competent jurisdiction.
[103]The effect of section 1(8) and (9) and section 2(1)(c) of the Special Pensions Act, 69 of 1996 has been summarised in paragraph 7 (ix) and (x) above. They relate to monetary claims against the state arising directly from the operation of the statute in question and there are no grounds of justice or equity justifying any limitation on the retrospective operation of the order. No reason has been suggested why the state should not discharge its full obligations under the Special Pensions Act on the basis that the provisions relating to the offence of sodomy became constitutionally invalid as from the date on which the interim Constitution came into operation, at least in respect of consensual sodomy in private between adult males. It is not just or equitable, however, if such retrospectivity were to give rise to any cause of action against any individual who applied the provisions relating to sodomy in these sections of the Act in good faith before the date of this order. Consequently it would also be prudent to confer a discretion on a court of competent jurisdiction.
The Order Declaring the Inclusion of Sodomy as an Item in the Schedule to the Security Officers Act to be Constitutionally Invalid
[104]The effect of including the offence of sodomy in this Schedule has been considered
