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Salient. Victoria University Student Newspaper. Volume 36, Number 7. 11th April 1973

Intercourse "acting for a common purpose" — Banned

Intercourse "acting for a common purpose" — Banned

If Miss Ensor meets her fiance-to-be, Mr Steve Jooste (president of the Students' Representative Council at the University of Cape Town) is she breaking her ban?

Some other authorities feel that three persons are needed to constitute a gathering, but even if two are enough Miss Ensor and Mr Jooste would be gathered for a common purpose, and this is a specific offence under the banning Act.

The presence of a minister of religion would almost certainly constitute an offence: all three would be gathered to ensure the proper performance of the marriage ceremony.

If Miss Ensor and Mr Jooste, once married, were to go to bed to have sexual intercourse they would be acting with a common purpose.

She could, presumably, be arrested and charged with breaking her banning order.

It could be argued that the State would not prosecute in such a case, or prevent a marriage being entered into, but the State's disposition would not be the point: Miss Ensor would be risking imprisonment. No provision is made for a fine.