The NPA in the Western Cape was on Thursday (24/05/2012) granted leave to appeal a judgment that a man cannot to be sentenced because of a flaw in the Sexual Offences Act.
A full bench of judges in the Western Cape High Court found the National Prosecuting Authority had a reasonable chance of success in another court.
It was given leave to approach the Supreme Court of Appeal.
Earlier this month, the court upheld a decision by the Riversdale Magistrate's Court that a man who forcibly fondled a woman in 2009 could not be sentenced because the behaviour had no penalty under the act.
Arnold Prins was charged with sexual assault in terms of the act, which came into effect at the end of 2007.
If the judgment is upheld, it would particularly affect sexual criminal cases in the province, as magistrate's courts were bound by high court decisions.
Other offences without a penalty include sexual assault, consensual sexual acts with children, sexual exploitation and grooming of children, and sexual offences against mentally disabled people.
Justice Minister Jeff Radebe said the government would also appeal the ruling. - Sapa
