Immorality Amendment Act, 1969

by enacted by the Parliament of South Africa

Act

To amend the provisions of the Immorality Act, 1957, with regard to the commission of offences with girls or boys; to prohibit the manufacture, sale or supply of any article which is intended to be used to perform an unnatural sexual act; to make provision in the said Act for a prohibition on the commission at a party of acts between male persons and which are calculated to stimulate sexual passion or to give sexual gratification; and to repeal section 10 of Act No. 22 of 1898 of Natal.

---

(Afrikaans text signed by the State President.)
(Assented to 9th May, 1969.)

---

Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:―

Substitution of section 14 of Act 23 of 1957.

1. The following section is hereby substituted for section 14 of the Immorality Act, 1957 (hereinafter referred to as the principal Act):

“Sexual offences with girls under sixteen or boys under nineteen.

14. (1) Any male person who—

(a)

has or attempts to have unlawful carnal intercourse with a girl under the age of sixteen years; or

(b)

commits or attempts to commit with such a girl or with a boy under the age of nineteen years an immoral or indecent act; or

(c)

solicits or entices such a girl or boy to the commission of an immoral or indecent act,

shall be guilty of an offence.

(2) It shall be a sufficient defence to any charge under this section if it shall be made to appear to the court—

(a)

that the girl at the time of the commission of the offence was a prostitute, that the person so charged was at the said time under the age of twenty-one years and that it is the first occasion on which he is so charged; or

(b)

that the person so charged was at the said time under the age of sixteen years if the offence was committed in respect of a girl; or

(bA)

that the person so charged was at the said time under the age of nineteen years if the offence was committed in respect of a boy; or

(c)

that the girl or person in whose charge she was, deceived the person so charged into believing that she was over the age of sixteen years at the said time.”.

Insertion of section 18A in Act 23 of 1957.

2. The following section is hereby inserted in the principal Act after section 18:

“Manufacture, sale or supply of article which is intended to be used to perform an unnatural sexual act.

18A. (1) Any person who manufactures, sells or supplies any article which is intended to be used to perform an unnatural sexual act, shall be guilty of an offence.

(2) For the purposes of subsection (1), ‘sell’ includes to offer for sale, to keep for sale or to keep in a place where goods are sold, offered or kept for sale.”.

Insertion of section 20A in Act 23 of 1957.

3. The following section is hereby inserted in the principal Act after section 20:

“Acts committed between men at a party and which are calculated to stimulate sexual passion or to give sexual gratification, prohibited.

20A. (1) A male person who commits with another male person at a party an act which is calculated to stimulate sexual passion or to give sexual gratification, shall be guilty of an offence.

(2) For the purposes of subsection (1) ‘a party’ means any occasion where more than two persons are present.

(3) The provisions of subsection (1) do not derogate from the common law, any other provision of this Act or a provision of any other law.”.

Amendment of section 22 of Act 23 of 1957, as substituted by section 4 of Act 68 of 1967.

4. Section 22 of the principal Act is hereby amended by the substitution for paragraph (g) of the following paragraph:

“(g)

in the case of an offence referred to in section 18A, 19, 20 (1) (b) or (c), or 20A (1), to a fine not exceeding four hundred rand or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.”.

Repeal of section 10 of Act 22 of 1898 (Natal).

5. Section 10 of the Act “To amend the law relative to the trial and punishment of the Crimes of Rape and Indecent Assault and Conduct” (Act No. 22 of 1898 (Natal)), is hereby repealed.

Short title.

6. This Act shall be called the Immorality Amendment Act 1969.