Page:NCGLE v Minister of Justice.djvu/99

		provisions of section 35(5) of the 1996 Constitution.
3.3.		In terms of section 172(1)(b) of the Constitution, it is declared that the order referred to in para 3.1 shall, in all cases other than those mentioned in paragraph 3.2 above, not invalidate anything done in reliance on the inclusion of “sodomy” in the schedule, unless a court of competent jurisdiction decides that it is just and equitable that conduct pursuant to such reliance shall be declared invalid.
4.1.		The inclusion of the common-law offence of sodomy in schedule 1 of the Security Officers Act, 92 of 1987 is declared to be inconsistent with the provisions of the 1996 Constitution and invalid.
4.2.		In terms of section 172(1)(b) of the Constitution, it is declared that the order referred to in paragraph 4.1 shall not invalidate anything done in reliance on the inclusion of “sodomy” in the schedule of the Security Officers Act, 1987, unless a court of competent jurisdiction decides that it is just and equitable that conduct pursuant to such reliance shall be declared invalid.

Chaskalson P, Langa DP, Goldstone J, Kriegler J, Mokgoro J, O’Regan J and Yacoob J all concur in the judgment of Ackermann J