The Supreme Court of Appeal will hear arguments by the state and the Commission for Gender Equality in the rape case of former Makhanda paramedic, Loyiso Coko, on Tuesday.
This comes after the High Court in Makhanda overturned Coko's conviction and a seven-year sentence for raping his then-girlfriend.
Acting judges Tembeka Ngcukaitobi and Judge Nyameko Gqamana found the original decision by the regional court to be "erroneous" and unduly harsh, had ignored the interests of society, and had induced a sense of shock.
Algoa FM previously reported that in the initial ruling, the judge found that Coko ignored his girlfriend's warning and forced himself onto her.
A spokesperson for the National Prosecuting Authority (NPA) is on record as saying that there was a prior agreement between the couple to not have penetrative sex.
The NPA has since turned to the Supreme Court of Appeal and will be supported in its quest by the Commission for Gender Equality.
The commission says in a statement that it believes that dismantling the concept of implied consent in rape cases is critical not only to educate the broader society but also to the development of jurisprudence that will nuance judicial decisions around gender-based violence in South Africa.
