Talk:LGBT rights in South Africa

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This article was created by moving a a part of the "Gay rights " article and adding links. Wuzzy 23:34, 21 December 2005 (UTC)

[edit] Age of consent issues

The age of consent in South Africa is equal at 16, because the consitution of South Africa which outlaws discrimination against 'sexual orientation'.

Has anyone actually challenged the higher age of consent in court? Has anyone been arrested and convicted of having same-sex relations with a 16-19 year old? If the answer is no, then it is technically still 19 for homosexual acts. The Constitution doesn't automatically nullify or void any laws, it only specifies that the high courts are empowered to do as necessary. And since statutory rape is a criminal offence, it would end up in the Supreme Court of Appeal first. Only if the Supreme Court of Appeal rules that the higher age of consent is unconstitutional, can the government appeal to the Constitutional Court for a final decision. --24.69.176.155 07:21, 24 October 2007 (UTC)