Curtis v. The Minister of Safety and Security and Others
South Africa Constitutional Court
1996 (3) SALR 617 (CC) (1996)
- Written by Kelly Simon, JD
Facts
In South Africa, § 2(1) of the Indecent or Obscene Photographic Matter Act, 37 of 1967 (the act) prohibited individuals from possessing any indecent or obscene photographic material. The statutory definition of indecent or obscene was extremely broad and included any material depicting sexual intercourse or lust. In 1993, South Africa adopted its constitution, which included the protection of an individual’s right to free expression. In 1995, Stephen Curtis (defendant) was charged with possession of videocassettes containing sexually explicit material as prohibited by the act. During the trial, Curtis filed a motion for the proceedings to be postponed while he pursued an application for a referral to the South Africa Constitutional Court to determine if Curtis’s constitutional right to free expression was violated by § 2(1) of the act. The constitutional court accepted the referral.
Rule of Law
Issue
Holding and Reasoning (Mokgoro, J.)
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