The Constitutional Court will tackle the criticised "kissing law". (SABC)
The Constitutional Court will on Thursday look at the constitutionality of the so called "kissing law," which criminalises consensual sexual activity between children between 12 and 16.
This after sections of the Sexual Offences Act were declared unconstitutional by the High Court in Pretoria.
The Sexual Offences Act was much lauded for expanding the definition of rape and providing greater protections for the victims of sexual offences.
It also recognises the vulnerability of children and the mentally disabled who often fall victim to sexual predators. But activists claim that lawmakers went too far in their quest to protect children from themselves.
Certain sections criminalise any sexual activity between consenting adolescents or children between the ages of 12 and 16. This includes kissing, and even hugging while fully clothed. Or behaviours, which activists say are part of the normal cause of healthy sexual development.
Activists say the criminalisation of such sexual behaviour would add to the stigma around sex and could have long term negative effects on children.