The section was enacted by the Immorality Amendment Act, 1969 and remained in force until it was found to be unconstitutional in 1998 by the Constitutional Court in the case of National Coalition for Gay and Lesbian Equality v Minister of Justice.
The government did not oppose the application, and in May 1998 Judge Heher handed down a judgment and order striking down the impugned laws.
[8] As required by South African law, the Constitutional Court issued a unanimous decision in October 1998 upholding Judge Heher's ruling to declare an act of Parliament illegal.
Writing for the court, Justice Lourens Ackermann described the clause as having an "absurdly discriminatory purpose and impact," and stated that, "There is nothing before us to show that the provision was motivated by anything other than rank prejudice.
"[9] Although it was already unenforceable because of the Constitutional Court's order, section 20A was formally removed from the statute-book by the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.