The Constitutional Court confirmed an order made by the Witwatersrand High Court that the common law offence of sodomy, the inclusion of sodomy in schedules to certain Acts of Parliament, and a section of the Sexual Offences Act which prohibited sexual conduct between men in certain circumstances, were all unconstitutional. The Court found that all these offences violated the right to equality and the constitutional right to privacy.
National Coalition for Gay and Lesbian Equality v Minister of Justice, Constitutional Court of South Africa, [1998] ZACC 15
Judgment of the Constitutional Court of South Africa ruling that criminalising sodomy is unconstitutional