CHR & PsySSA Head to the Constitutional Court as Amici Curiae in Landmark Case on Consent
On 25 September 2025, the Centre for Human Rights, University of Pretoria (CHR), and the Psychological Society of South Africa (PsySSA) will appear before the Constitutional Court of South Africa as amici curiae in the matter of The Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (CCT314/24) and Centre for Applied Legal Studies and Others v The Embrace Project NPC and Others (CCT315/24).
Represented by Lawyers for Human Rights, PsySSA and CHR were admitted as amici curiae earlier this year and have filed both written and oral submissions. The case follows the Pretoria High Court ruling of 30 September 2024, which declared certain sections of the Criminal Law (Sexual Offences and Related Matters Act, 32 of 2007) unconstitutional for failing to criminalise sexual violence where perpetrators unreasonably believed that a complainant had consented.
Why this case matters
The issue of consent in sexual offence cases is complex. PsySSA and CHR’s submissions highlight:
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The hardwired nature of trauma responses (i.e., such as paralysis, numbness, and immobilisation) that may prevent survivors from expressing non-consent.
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The impact of intersecting identity factors (age, social status, culture, orientation) that create power imbalances and limit the capacity of survivors to assert themselves.
By presenting psycho-legal perspectives, PsySSA and CHR seek to support a holistic, survivor-centred understanding of consent that reflects the lived realities of trauma.
Looking ahead
Other organisations before the Court include the Centre for Applied Legal Studies (CALS) and the Women’s Legal Centre Trust (WLCT). Each has presented distinct arguments regarding how consent should be defined in law.
PsySSA and CHR’s intervention underscores the importance of recognising psychological and social dimensions of trauma when interpreting consent in future prosecutions of sexual offences.
