# Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007/2009-02-17/Schedule

Schedule Laws amended or repealed by section 68
| No. and year of law | Short title | Extent of repeal or amendment |
| Act 32 of 1944 | Magistrates' Courts Act | 1. The amendment of section 89 by the substitution for subsection (1) of the following subsection: “(1) The court, other than the court of a regional division, shall have jurisdiction over all offences, except treason, murder, rape and compelled rape as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.”. 2. The substitution for Schedule 2 of the following Schedule: “Schedule 2 Offences in respect of which judicial officers must be assisted by two assessors in terms of section 93ter(2): 1. Murder 2. Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. 3. Robbery, where serious bodily harm has been inflicted on the victim. 4. Assault, where serious bodily harm has been inflicted on the victim. [5. Indecent assault.]”. |
| Act 23 of 1957 | Sexual Offences Act | 1. The amendment of section 1 by the insertion after the definition of “court” of the following definition: ‘“female” means a female person 18 years or older;’. 2. The substitution of subsection (1) of section 12A for the following subsection: “(1) Any person who, with intent or while he reasonably ought to have foreseen the possibility that any person, who is 18 years or older, may have unlawful carnal intercourse, or commit an act of indecency, with any other person for reward, performs for reward any act which is calculated to enable such other person to communicate with any such person, who is 18 years or older, shall be guilty of an offence.”. 3. The amendment of section 19 by the substitution for the following section: “19. (1) Any person who[— (a)] entices, solicits, or importunes in any public place for immoral purposes[; or ​(b) wilfully and openly exhibits himself or herself in an indecent dress or manner at any door or window or within view of any public street or place or in any place to which the public have access], shall be guilty of an offence. (2) Any person 18 years or older who wilfully and openly exhibits himself or herself in an indecent dress or manner at any door or window or within view of any public street or place or in any place to which the public have access, shall be guilty of an offence.”. 4. The amendment of section 20 by the— (a) substitution for subsection (1) of the following subsection: “(1) Any person who— (a) knowingly lives wholly or in part on the earnings of prostitution; or [(aA) has unlawful carnal intercourse, or commits an act of indecency, with any other person for reward; or (b) in public commits any act of indecency with another person; or] (c) in public or in private in any way assists in bringing about, or receives any consideration for, the commission by any person of any act of indecency with another person, shall be guilty of an offence.”; and (b) insertion after subsection (1) of the following subsection: “(1A) Any person 18 years or older who— (a) has unlawful carnal intercourse, or commits an act of indecency, with any other person for reward; or (b) in public commits any act of indecency with another person, shall be guilty of an offence.”. 5. The substitution for section 22 of the following section: “22. Penalties Any person who is convicted of an offence under the provisions of this Act for which no special penalty is prescribed, shall be liable— (a) in the case of an offence referred to in section 2 or 20(1)(a) or [(aA)] (1A)(a), to imprisonment for a period not exceeding three years with or without a fine not exceeding R6 000 in addition to such imprisonment; [(b) in the case of an offence referred to in section 9(1), to imprisonment for a period not exceeding five years, or, if the child concerned is a boy under the age of 14 years or a girl under the age of 12 years, for life;] ​(c) ...... (d) in the case of an offence referred to in section [11,] 12A [or 18], with a fine, or imprisonment for a period not exceeding five years; (e) in the case of an offence referred to in section 10 or 12(1) [or 13(1)], to imprisonment for a period not exceeding seven years; (f) in the case of an offence referred to in section [14(1), 14(3), 15 or] 17, to imprisonment for a period not exceeding six years with or without a fine not exceeding R12 000 in addition to such imprisonment; (g) in the case of an offence referred to in section [18A, 19, 20(l)(b) or (c), or 20A(1),] 19 or 20(1)(c) or (lA)(b) to a fine not exceeding R4 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.”. 7. The repeal of sections 9, 11, 12(2), 13, 14, 15, 18, 18A and 20A. |
| Act 8 of 1959 | Correctional Services Act | 1. The substitution for Schedule 2 of the following Schedule: “Schedule 2 (Section 29 (5)) Murder Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively Robbery where the wielding of a fire-arm or any other dangerous weapon or the infliction of grievous bodily harm or the robbery of a motor vehicle is involved Assault with intent to commit grievous bodily harm, or when a dangerous wound is inflicted [Assault of a sexual nature] Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively Kidnapping Any offence under any law relating to the illicit conveyance or supply of dependence producing drugs Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.". ​ |
| Act 68 of 1969 | Prescription Act | 1. The amendment of section 12— (a) by the substitution for subsection (1) of the following subsection: “(1) Subject to the provisions of subsections (2), [and] (3), and (4), prescription shall commence to run as soon as the debt is due.”; and (b) by the addition after subsection (3) of the following subsection: “(4) Prescription shall not commence to run in respect of a debt based on the commission of an alleged sexual offence as contemplated in sections 3, 4, 17, 18(2), 20(1), 23, 24(2), 26(1) and 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, during the time in which the creditor is unable to institute proceedings because of his or her mental or psychological condition.” |
| Act 51 of 1977 | Criminal Procedure Act | 1. The substitution for section 18 of the following section: “Prescription of right to institute prosecution 18. The right to institute a prosecution for any offence, other than the offences of— (a) murder; (b) treason committed when the Republic is in a state of war; (c) robbery, if aggravating circumstances were present; (d) kidnapping; (e) child-stealing; [or] (f) rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act. 2007. respectively; (g) the crime of genocide, crimes against humanity and war crimes, as contemplated in section 4 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002, or (h) trafficking in persons for sexual purposes by a person as contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or (i) using a child or person who is mentally disabled for pornographic purposes as contemplated in sections 20(1) and 26(1) of ​the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, shall, unless some other period is expressly provided for by law, lapse after the expiration of a period of 20 years from the time when the offence was committed.”. 2. The amendment of section 77 by the substitution for subsection (6) of the following subsection: “(6)(a) If the court which has jurisdiction in terms of section 75 to try the case, finds that the accused is not capable of understanding the proceedings so as to make a proper defence, the court may, if it is of the opinion that it is in the interests of the accused, taking into account the nature of the accused's incapacity contemplated in subsection (1), and unless it can be proved on a balance of probabilities that, on the limited evidence available the accused committed the act in question, order that such information or evidence be placed before the court as it deems fit so as to determine whether the accused has committed the act in question and the court shall direct that the accused— (i) in the case of a charge of murder or culpable homicide or rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or a charge involving serious violence or if the court considers it to be necessary in the public interest, where the court finds that the accused has committed the act in question, or any other offence involving serious violence, be detained in a psychiatric hospital or a prison pending the decision of a judge in chambers in terms of section 47 of the Mental Health Care Act, 2002; or (ii) where the court finds that the accused has committed an offence other than one contemplated in subparagraph (i) or that he or she has not committed any offence— (aa) be admitted to and detained in an institution stated in the order as if he or she were an involuntary mental health care user contemplated in section 37 of the Mental Health Care Act, 2002, and if the court so directs after the accused has pleaded to the charge, the accused shall not be entitled under section 106(4) to be acquitted or to ​be convicted in respect of the charge in question. (b) If the court makes a finding in terms of paragraph (a) after the accused has been convicted of the offence charged but before sentence is passed, the court shall set the conviction aside, and if the accused has pleaded guilty it shall be deemed that he has pleaded not guilty.”. 3. The amendment of section 78 by the substitution for subsection (6) of the following subsection: “(6) If the court finds that the accused committed the act in question and that he or she at the time of such commission was by reason of mental illness or intellectual disability not criminally responsible for such act— (a) the court shall find the accused not guilty; or (b) if the court so finds after the accused has been convicted of the offence charged but before sentence is passed, the court shall set the conviction aside and find the accused not guilty, by reason of mental illness or intellectual disability, as the case may be, and direct— (i) in a case where the accused is charged with murder or culpable homicide or rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or another charge involving serious violence, or if the court considers it to be necessary in the public interest that the accused be— (aa) detained in a psychiatric hospital or a prison pending the decision of a judge in chambers in terms of section 47 of the Mental Health Care Act, 2002; (bb) admitted to and detained in an institution stated in the order and treated as if he or she were an involuntary mental care health user contemplated in section 37 of the Mental Health Care Act, 2002; (cc) ..... (dd) released subject to such conditions as the court considers appropriate; or (ee) released unconditionally; (ii) in any other case than a case contemplated in subparagraph (i), that the accused— ​ (aa) be admitted to and detained in an institution stated in the order and treated as if he or she were an involuntary mental health care user contemplated in section 37 of the Mental Health Care Act, 2002; (bb) ..... (cc) be released subject to such conditions as the court considers appropriate; or (dd) be released unconditionally.”. 4. The amendment of section 79 by the substitution for subsection (1) of the following subsection: “(1) Where a court issues a direction under section 77(1) or 78(2), the relevant enquiry shall be conducted and be reported on— (a) where the accused is charged with an offence other than one referred to in paragraph (b), by the medical superintendent of a psychiatric hospital designated by the court, or by a psychiatrist appointed by such medical superintendent at the request of the court; or (b) where the accused is charged with murder or culpable homicide or rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or another charge involving serious violence, or if the court considers it to be necessary in the public interest, or where the court in any particular case so directs— (i) by the medical superintendent of a psychiatric hospital designated by the court, or by a psychiatrist appointed by such medical superintendent at the request of the court; (ii) by a psychiatrist appointed by the court and who is not in the full-time service of the State; (iii) by a psychiatrist appointed for the accused by the court; and (iv) by a clinical psychologist where the court so directs.”. 5. The amendment of section 153 by the substitution for subsection (3) of the following subsection: “(3) In criminal proceedings relating to a charge that the accused committed or attempted to ​commit— (a) any [indecent act] sexual offence as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, towards or in connection with any other person; (b) any act for the purpose of [procuring or] furthering the commission of [an indecent act] a sexual offence as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, towards or in connection with any other person; or (c) extortion or any statutory offence of demanding from any other person some advantage which was not due and, by inspiring fear in the mind of such other person, compelling him to render such advantage, the court before which such proceedings are pending may, at the request of such other person or, if he is a minor, at the request of his parent or guardian, direct that any person whose presence is not necessary at the proceedings or any person or class of persons mentioned in the request, shall not be present at the proceedings: Provided that judgment shall be delivered and sentence shall be passed in open court if the court is of the opinion that the identity of the other person concerned would not be revealed thereby.”. 6. The amendment of section 154— (a) by the substitution for subsection (5) of the following subsection: “(5) Any person who publishes any information in contravention of this section or contrary to any direction or authority under this section or who in any manner whatever reveals the identity of a witness in contravention of a direction under section 153(2), shall be guilty of an offence and liable on conviction to a fine [not exceeding R1 500] or to imprisonment for a period not exceeding [one year] three years or to both such fine and such imprisonment if the person in respect of whom the publication or revelation of identity was done, is over the age of 18 years, and if such person is under the age of 18 years, to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”; and ​(b) by the addition of the following subsection: “(6) The provisions of section 300 are applicable, with the changes required by the context, upon the conviction of a person in terms of subsection (5) and if— (a) the criminal proceedings that gave rise to the publication of information or the revelation of identity as contemplated in that subsection related to a charge that an accused person committed or attempted to commit any sexual act as contemplated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, towards or in connection with any other person or any act for the purpose of procuring or furthering the commission of a sexual act, as contemplated in that Act, towards or in connection with any other person; and (b) the other person referred to in paragraph (a) suffered any physical, psychological or other injury or loss of income or support.” 7. The amendment of section 158 by the addition after subsection (4) of the following subsection: “(5) The court shall provide reasons for refusing any application by the public prosecutor for the giving of evidence by a child complainant below the age of 14 years by means of closed circuit television or similar electronic media, immediately upon refusal and such reasons shall be entered into the record of the proceedings.” 8. The amendment of section 164 by the substitution for subsection (1) of the following subsection: “(1) Any person, who [from ignorance arising from youth, defective education or other cause,] is found not to understand the nature and import of the oath or the affirmation, may be admitted to give evidence in criminal proceedings without taking the oath or making the affirmation: Provided that such person shall, in lieu of the oath or affirmation, be admonished by the presiding judge or judicial officer to speak the truth[, the whole truth and nothing but the truth].” 9. The amendment of section 170A by— (a) the substitution for subsection (1) of the following ​subsection: “(1) Whenever criminal proceedings are pending before any court and it appears to such court that it would expose any witness under the biological or mental age of eighteen years to undue mental stress or suffering if he or she testifies at such proceedings, the court may, subject to subsection (4), appoint a competent person as an intermediary in order to enable such witness to give his or her evidence through that intermediary.”; and (b) the addition after subsection (6) of the following subsections: “(7) The court shall provide reasons for refusing any application or request by the public prosecutor for the appointment of an intermediary in respect of child complainants below the age of 14 years, immediately upon refusal and such reasons shall be entered into the record of the proceedings.”; “(8) An intermediary referred to in subsection (1) shall be summoned to appear in court on a specified date and at a specified place and time to act as an intermediary.”; and “(9) If, at the commencement of or at any stage before the completion of the proceedings concerned, an intermediary appointed by the court— (a) is for any reason absent; (b) becomes unable to act as an intermediary in the opinion of the court; or (c) dies, the court may, in the interests of justice and after due consideration of the arguments put forward by the accused person and the prosecutor— (i) postpone the proceedings in order to obtain the intermediary's presence; (ii) summons the intermediary to appear before the court to advance reasons for being absent; (iii) direct that the appointment of the intermediary be revoked and appoint another intermediary; or (iv) direct that the appointment of the intermediary be revoked and that the proceedings continue in the absence of an intermediary. ​ (10) The court shall immediately give reasons for any direction or order referred to in subsection (9)(iv), which reasons shall be entered into the record of the proceedings.”. 10. The amendment of section 195 by the substitution for subsection (1) of the following subsection: “(1) The wife or husband of an accused shall be competent, but not compellable, to give evidence for the prosecution in criminal proceedings, but shall be competent and compellable to give evidence for the prosecution at such proceedings where the accused is charged with— (a) any offence committed against the person of either of them or of a child of either of them or of a child that is in the care of either of them; (b) any offence under Chapter 8 of the Child Care Act, 1983 (Act No. 74 of 1983), committed in respect of any child of either of them; (c) any contravention of any provision of section 31(1) of the Maintenance Act, 1998, or of such provision as applied by any other law; (d) bigamy; (e) incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; (f) abduction; (g) any contravention of any provision of section 2, 8, [9,] 10, [11,] 12, 12A, [13,] 17 or 20 of the Sexual Offences Act, 1957 (Act No. 23 of 1957); (gA) any contravention of any provision of section 17 or 23 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; (h) perjury committed in connection with or for the purpose of any judicial proceedings instituted or to be instituted or contemplated by the one of them against the other, or in connection with or for the purpose of criminal proceedings in respect of any offence included in this subsection; (i) the statutory offence of making a false statement in any affidavit or any affirmed, solemn or attested declaration if it is made in connection with or for the purpose of any such proceedings as are mentioned in paragraph (h).” ​11. The substitution for section 227 of the following section: “Evidence of character and previous sexual experience 227. (1) Evidence as to the character of an accused or as to the character of any person against or in connection with whom a sexual offence as contemplated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, is alleged to have been committed, shall, subiect to the provisions of subsection (2), be admissible or inadmissible if such evidence would have been admissible or inadmissible on the 30th day of May, 1961. (2) No evidence as to any previous sexual experience or conduct of any person against or in connection with whom a sexual offence is alleged to have been committed, other than evidence relating to sexual experience or conduct in respect of the offence which is being tried, shall be adduced, and no evidence or question in cross examination regarding such sexual experience or conduct, shall be put to such person, the accused or any other witness at the proceedings pending before the court unless— (a) the court has, on application by any party to the proceedings, granted leave to adduce such evidence or to put such question; or (b) such evidence has been introduced by the prosecution. (3) Before an application for leave contemplated in subsection (2)(a) is heard, the court may direct that any person, including the complainant, whose presence is not necessary may not be present at the proceedings. (4) The court shall, subject to subsection (6), grant the application referred to in subsection (2)(a) only if satisfied that such evidence or questioning is relevant to the proceedings pending before the court. (5) In determining whether evidence or questioning as contemplated in this section is relevant to the proceedings pending before the court, the court shall take into account whether such evidence or questioning— (a) is in the interests of justice, with due regard to the accused's right to a fair trial; (b) is in the interests of society in encouraging the reporting of sexual offences; ​(c) relates to a specific instance of sexual activity relevant to a fact in issue; (d) is likely to rebut evidence previously adduced by the prosecution; (e) is fundamental to the accused's defence; (f) is not substantially outweighed by its potential prejudice to the complainant's personal dignity and right to privacy; or (g) is likely to explain the presence of semen or the source of pregnancy or disease or any injury to the complainant, where it is relevant to a fact in issue; (6) The court shall not grant an application referred to in subsection (2)(a) if, in its opinion, such evidence or questioning is sought to be adduced to support an inference that by reason of the sexual nature of the complainant's experience or conduct, the complainant— (a) is more likely to have consented to the offence being tried; or (b) is less worthy of belief. (7) The court shall provide reasons for granting or refusing an application in terms of subsection (2)(a), which reasons shall be entered in the record of the proceedings.”. 12. The amendment of section 238 by— (a) the substitution for subsection (1) of the following subsection: “(1) At criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007— (a) it shall be sufficient to prove that the [woman or girl on] person against whom or by whom the offence is alleged to have been committed, is reputed to be the lineal ascendant or descendant or the sister, brother, stepmother, stepfather, [or] stepdaughter or stepson of the other party to the incest; (b) the accused shall be presumed, unless the contrary is proved, to have had knowledge, at the time of the alleged offence, of the relationship existing between him or her and the other party to the incest”; and (b) the substitution for subsection (2) of the following subsection: “(2) Whenever the fact that any lawful and ​binding marriage was contracted is relevant to the issue at criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, such fact may be proved prima facie in the manner provided in section 237 for the proof of the existence of a lawful and binding marriage of a person charged with bigamy.”. 13. The substitution for section 261 of the following section: “Rape, compelled rape, sexual assault, compelled sexual assault and compelled self-sexual assault 261. (1) If the evidence on a charge of rape or compelled rape, as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or any attempt to commit any of those offences, does not prove any such offence or an attempt to commit any such offence, but the offence of— (a) assault with intent to do grievous bodily harm; (b) common assault; (c) sexual assault as contemplated in section 5 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; (d) compelled sexual assault as contemplated in section 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; (e) compelled self-sexual assault as contemplated in section 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; (f) incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; (g) having committed an act of consensual sexual penetration with a child as contemplated in section 15 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or (h) having committed an act of consensual sexual violation with a child as contemplated in section 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the accused may be found guilty of the offence so ​proved. (2) If the evidence on a charge of sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, does not prove any such offence but the offence of— (a) common assault; (b) having committed an act of consensual sexual violation with a child as contemplated in section 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the accused may be found guilty of the offence so proved.”. 14. The amendment of section 266 by the substitution for paragraph (b) of the following paragraph: “(b) [indecent assault] sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or”. 15. The amendment of section 267 by the substitution for that section of the following section: “Common assault 267. If the evidence on a charge of common assault proves the offence of [indecent assault] sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, the accused may be found guilty of [indecent assault] any such offence, or, if the evidence on such a charge does not prove the offence of common assault but the offence of pointing a fire-arm, air-gun or air-pistol in contravention of any law, the accused may be found guilty of that offence.”. 16. The amendment of section 268 by the substitution for that section of the following section: “Statutory unlawful carnal intercourse 268. If the evidence on a charge of unlawful carnal intercourse or attempted unlawful carnal intercourse with another person in contravention of ​any statute does not prove that offence but— (a) the offence of [indecent assault] sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; (b) the offence of common assault; or (c) the statutory offence of— (i) committing an immoral or indecent act with such other person; (ii) soliciting, enticing or importuning such other person to have unlawful carnal intercourse; (iii) soliciting, enticing or importuning such other person to commit an immoral or indecent act; or (iv) conspiring with such other person to have unlawful carnal intercourse, the accused may be found guilty of the offence so proved.” 17. The repeal of section 269. 18. The amendment of section 276A— (a) by the substitution in subsection (1) for paragraph (b) of the following paragraph: “(b) for a fixed period not exceeding three years, or in the case of a conviction for any offence referred to in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, for a fixed period not exceeding five years.”; and (b) by the insertion after subsection (2) of the following subsection: “(2A) Punishment imposed under paragraph (h) or (i) of section 276(1) on a person convicted of any sexual offence shall, if practicable and if the convicted person demonstrates the potential to benefit from treatment, include the attendance of and participation in a sex offence specific treatment programme as prescribed in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the cost of which shall be borne by the convicted person himself or herself.”. 19. The amendment of section 299A by the substitution ​for subsection (1) of the following subsection: “(1) When a court sentences a person to imprisonment for— (a) murder or any other offence which involves the intentional killing of a person; (b) rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; (c) robbery where the wielding of a fire-arm or any other dangerous weapon or the infliction of grievous bodily harm or the robbery of a motor vehicle is involved; (d) [assault of a sexual nature] sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; (e) kidnapping; or (f) any conspiracy, incitement or attempt to commit any offence contemplated in paragraphs (a) to (e), it shall inform— (i) the complainant; or (ii) in the case of murder or any other offence contemplated in paragraph (a), any immediate relative of the deceased, if he or she is present that he or she has a right, subject to the directives issued by the Commissioner of Correctional Services under subsection (4), to make representations when placement of the prisoner on parole, on day parole or under correctional supervision is considered or to attend any relevant meeting of the parole board.”. 20. The amendment of section 335A— (a) by the substitution for subsection (2) of the following subsection: “(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine [not exceeding R1 500] or to imprisonment for a period not exceeding [one year] three years or to both such fine and such imprisonment if the person whose identity has been revealed is over the age of 18 years, and if such person is under the age of 18 years, to a fine or to imprisonment for a period not exceeding five years or to both ​such fine and such imprisonment."; and (b) by the addition after subsection (2) of the following subsection: “(3) The provisions of section 300 are applicable, with the changes required by the context, upon the conviction of a person in terms of subsection (2) and if the person whose identity has been revealed suffered any physical, psychological or other injury or loss of income or support.”. 21. The amendment of section 335B by the substitution for subsection (1) of the following subsection: “(1) If a police official charged with the investigation of a case is of the opinion that it is necessary that a minor or a person who is mentally disabled in respect of whom it is alleged that [an offence of an indecent or violent nature] a sexual offence as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, or an offence of a violent nature has been committed be examined by a district surgeon or, if he is not available, by a registered medical practitioner, but that the parent or guardian or curator or custodian of such minor or mentally disabled person— (a) cannot be traced within a reasonable time; (b) cannot grant consent in time; (c) is a suspect in respect of the offence in consequence of which the examination must be conducted; (d) unreasonably refuses to consent that the examination be conducted; (e) is incompetent on account of mental disorder to consent that the examination be conducted; or (f) is deceased, a magistrate may, on the written application of that police official and if he is satisfied that the medical examination is necessary, grant the necessary consent that such examination be conducted.”. 22. The substitution for Schedule 1 of the following Schedule: “Schedule 1 (Sections 40 and 42) Treason. ​Sedition. Public violence. Murder. Culpable homicide. Rape or compelled rape as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. [Indecent assault] Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5. 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. [Sodomy.] Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act. 2007, respectively Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act. 2007. Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Robbery. Kidnapping. Childstealing. Assault, when a dangerous wound is inflicted. Arson. Malicious injury to property. Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence. Theft, whether under the common law or a statutory provision. Receiving stolen property knowing it to have been stolen. Fraud. Forgery or uttering a forged document knowing it to have been forged. Offences relating to the coinage. Any offence, except the offence of escaping from lawful custody in circumstances other than the circumstances referred to immediately hereunder, the punishment wherefor may be a period of imprisonment exceeding six months without the option of a fine. Escaping from lawful custody, where the person concerned is in such custody in respect of any offence referred to in this Schedule or is in such custody in respect of the offence of escaping from ​lawful custody. Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.”. 23. The substitution for Part II of Schedule 2 of the following Part: “Part II (Sections 59, 72) Treason. Sedition. Murder. Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Robbery. Assault, when a dangerous wound is inflicted. Arson. Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence. Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen, fraud, forgery or uttering a forged document knowing it to have been forged, in each case if the amount or value involved in the offence exceeds R2 500. Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones. Any offence under any law relating to the illicit— (a) possession of— (i) dagga exceeding 115 grams; or (ii) any other dependence-producing drugs; or (b) conveyance or supply of dependence-producing drugs. Any offence relating to the coinage. Any conspiracy, incitement or attempt to commit any offence referred to in this Part.”. ​24. The substitution for Schedule 5 of the following Schedule: “Schedule 5 (Sections 58 and 60 (11) and (11A) and Schedule 6) Treason. Murder. Attempted murder involving the infliction of grievous bodily harm. Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, in circumstances other than those referred to in Schedule 6. Any trafficking related offence by a commercial carrier as contemplated in section 71(6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Any offence referred to in section 13(f) of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992), if it is alleged that— (a) the value of the dependence-producing substance in question is more than R50 000,00; or (b) the value of the dependence-producing substance in question is more than R10 000,00 and that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or (c) the offence was committed by any law enforcement officer. Any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armament, or the possession of an automatic or semi-automatic firearm, explosives or armament. Any offence in contravention of section 36 of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), on account of being in possession of more than 1 000 rounds of ammunition intended for firing in an arm contemplated in section 39(2)(a)(i) of that Act. Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or any offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004— (a) involving amounts of more than R500 000,00; or ​(b) involving amounts of more than R100 000,00, if it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or (c) if it is alleged that the offence was committed by any law enforcement officer— (i) involving amounts of more than R10 000,00; or (ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy. [Indecent assault] Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. respectively on a child under the age of 16 years. An offence referred to in Schedule 1— (a) and the accused has previously been convicted of an offence referred to in Schedule 1; or (b) which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 1. The offences referred to in section 4 (2) or (3), 13 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.”. 25. The substitution for Schedule 6 of the following Schedule: “Schedule 6 (Sections 50 (6), 58 and 60 (11) and (11A)) Murder, when— (a) it was planned or premeditated; (b) the victim was— (i) a law enforcement officer performing his or her functions as such, whether on duty or not, or a law enforcement officer who was killed by virtue of his or her holding such a position; or (ii) a person who has given or was likely to give material evidence with reference to any offence referred to in Schedule 1; ​(c) the death of the victim was caused by the accused in committing or attempting to commit or after having committed or having attempted to commit one of the following offences: (i) Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or (ii) robbery with aggravating circumstances; or (d) the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy. Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively— (a) when committed— (i) in circumstances where the victim was raped more than once, whether by the accused or by any co-perpetrator or accomplice; (ii) by more than one person, where such persons acted in the execution or furtherance of a common purpose or conspiracy; (iii) by a person who is charged with having committed two or more offences of rape; or (iv) by a person, knowing that he has the acquired immune deficiency syndrome or the human immunodeficiency virus; (b) where the victim— (i) is a [girl] person under the age of 16 years; (ii) is a physically disabled [woman] person who, due to his or her physical disability, is rendered particularly vulnerable; or (iii) is a [mentally ill woman] person who is mentally disabled as contemplated in section 1 of the [Mental Health Act, 1973 (Act 18 of 1973)] Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; (c) involving the infliction of grievous bodily harm. Trafficking in persons for sexual purposes by a person as contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Robbery, involving— (a) the use by the accused or any coperpetrators or participants of a firearm; ​(b) the infliction of grievous bodily harm by the accused or any of the co-perpetrators or participants; or (c) the taking of a motor vehicle. [Indecent assault on a child under the age of 16 years, involving the infliction of grievous bodily harm.] An offence referred to in Schedule 5— (a) and the accused has previously been convicted of an offence referred to in Schedule 5 or this Schedule; or (b) which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 5 or this Schedule. The offences referred to in section 2, 3(2)(a), 4 (1), 5, 6, 7, 8, 9, 10 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, section 2 (1) and (2) of the Civil Aviation Offences Act, 1972 (Act No. 10 of 1972), section 26(1)(j) of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993) and section 56(1)(h) of the Nuclear Energy Act, 1999 (Act No. 46 of 1999).”. 26. The substitution for Schedule 7 of the following Schedule: “Schedule 7 (Section 59A) Public violence. Culpable homicide. Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Assault, involving the infliction of grievous bodily harm. Arson. Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence. Malicious injury to property. Robbery, other than a robbery with aggravating circumstances, if the amount involved in the offence does not exceed R20 000,00. Theft and any offence referred to in section 264(1)(a), (b) and (c), if the amount involved in the offence does not exceed R20 000,00. Any offence in terms of any law relating to the illicit possession of dependence-producing drugs. ​Any offence relating to extortion, fraud, forgery or uttering if the amount of value involved in the offence does not exceed R20 000,00. Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.”. |
| Act 74 of 1983 | Child Care Act | 1. The amendment of section 1 by the substitution for the definition of “commercial sexual exploitation” of the following definition: “‘commercial sexual exploitation’ means [the procurement of a child] engaging the services of a child to perform a sexual act or to produce child pornography as contemplated in section 17 or 19 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, for a financial or other reward payable to the child, the parents or guardian of the child[, the procurer] or any other person;”. |
| Act 133 of 1993 | Prevention of Family Violence Act | 1. The repeal of section 5. |
| Act 92 of 1996 | Choice on Termination of Pregnancy Act | 1. The amendment of section 1 by the substitution for the definitions of “incest” and “rape” of the following definitions: “‘incest’ means sexual intercourse between two persons who are related to each other in a degree which precludes a lawful marriage between them as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; ‘rape’ [also includes statutory rape as referred to in sections 14 and 15 of the Sexual Offences Act, 1957 (Act 23 of 1957)] refers to the offences contemplated in sections 3, 4 and 15 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007;”. |
| Act 105 of 1997 | Criminal Law Amendment Act | 1. The amendment of Schedule 2 by— (a) the substitution for Part I of the following part: “Part I Murder, when— (a) it was planned or premeditated; (b) the victim was— (i) a law enforcement officer performing his or her functions as such, whether on duty or not; or (ii) a person who has given or was likely to give material evidence with reference to any offence referred to in ​Schedule 1 to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), at criminal proceedings in any court; (c) the death of the victim was caused by the accused in committing or attempting to commit or after having committed or attempted to commit one of the following offences: (i) Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or (ii) robbery with aggravating circumstances as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or (d) the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy. Rape as contemplated in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007— (a) when committed— (i) in circumstances where the victim was raped more than once whether by the accused or by any co-perpetrator or accomplice; (ii) by more than one person, where such persons acted in the execution or furtherance of a common purpose or conspiracy; (iii) by a person who has been convicted of two or more offences of rape or compelled rape, but has not yet been sentenced in respect of such convictions; or (iv) by a person, knowing that he has the acquired immune deficiency syndrome or the human immunodeficiency virus; (b) where the victim— (i) is a [girl] person under the age of 16 years; (ii) is a physically disabled [woman] person who, due to his or her physical disability, is rendered particularly vulnerable; or (iii) is a [mentally ill woman] person who is mentally disabled as contemplated in section 1 of the [Mental Health Act, 1973 (Act 18 of 1973)] Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; ​or (c) involving the infliction of grievous bodily harm. Compelled rape as contemplated in section 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007— (a) when committed— (i) in circumstances where the victim was raped more than once by one or more than one person; (ii) by a person who has been convicted of two or more offences of rape or compelled rape, but has not yet been sentenced in respect of such convictions; or (iii) under circumstances where the accused knows that the person committing the rape has the acquired immune deficiency syndrome or the human immunodeficiency virus; (b) where the victim— (i) is a person under the age of 16 years; (ii) is a physically disabled person who, due to his or her physical disability, is rendered particularly vulnerable; or (iii) is a person who is mentally disabled as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or (c) involving the infliction of grievous bodily harm. Any offence referred to in section 2, 5, 6, 7, 8, 9, 10 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, when it is proved that the offence has— (a) endangered the life or caused serious bodily injury to or the death of, any person, or any number or group of persons; (b) caused serious risk to the health or safety of the public or any segment of the public; or (c) created a serious public emergency situation or a general insurrection. Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.”; and (b) the substitution for Part III of the following Part: ​ “Part III Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively in circumstances other than those referred to in Part I. [Indecent assault on a child under the age of 16 years, involving the infliction of bodily harm.] Sexual exploitation of a child or sexual exploitation of a person who is mentally disabled as contemplated in section 17 or 23 or using a child for child pornography or using a person who is mentally disabled for pornographic purposes, as contemplated in section 20(1) or 26(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. Assault with intent to do grievous bodily harm on a child under the age of 16 years. Any offence in contravention of section 36 of the Arms and Ammunitions Act, 1969 (Act No. 75 of 1969), on account of being in possession of more than 1000 rounds of ammunition intended for firing in an arm contemplated in section 39(2)(a)(i) of that Act. Any trafficking related offence by a commercial carrier as contemplated in section 71(6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.”. |
| Act 112 of 1998 | Witness Protection Act | 1. The substitution for the Schedule of the following Schedule: “Schedule Offences in respect of which a witness or related person may be placed under protection 1. Treason. 2. Sedition. 3. Murder. 4. Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. 5. Public violence. 6. Robbery— (a) when there are aggravating ​circumstances; or (b) involving the taking of a motor vehicle. 7. Kidnapping. 8. Defeating the ends of justice. 9. Perjury. [10. Indecent assault on a child under the age of 16 years, involving the infliction of grievous bodily harm.] 10. Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. 10A. Trafficking in persons for sexual purposes by a person or commercial carrier as contemplated in section 71 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. 11. Any offence referred to in section 13(f) of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992), if it is alleged that— (a) the value of the dependence-producing substance in question is more than R10 000,00; or (b) the value of the dependence-producing substance in question is more than R5 000,00 and that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or (c) the offence was committed by any law enforcement officer. 12. Any offence referred to in section 1 or 1A of the Intimidation Act, 1982 (Act No. 72 of 1982). 13. Any offence relating to— (a) the dealing in or smuggling of ammunition, firearms, explosives or armament; or (b) the possession of an automatic or semiautomatic firearm, explosives or armament. 14. Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004. (a) involving amounts of more than ​R50 000,00; or (b) involving amounts of more than R10 000,00, if it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or (c) if it is alleged that the offence was committed by any law enforcement officer— (i) involving amounts of more than R10 000,00; or (ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy. 15. Any offence referred to in the Prevention of Organised Crime Act, 1998. 16. Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule. 17. Any other offence which the Minister has determined by regulation. 18. Any other offence in respect of which it is alleged that the offence was committed by— (a) a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or (b) a law enforcement officer, and in respect of which the Director is of the opinion that the safety of a witness who is or may be required to give evidence, or who has given evidence in respect of such an offence in any proceedings or any related person, warrants protection. 19. Any other offence in respect of which the Director, after having considered the factors mentioned in section 10(1) and any information gained in terms of section 10(2), is of the opinion that the safety of a witness who is or may be required to give evidence, or who has given evidence in respect of such an offence in any proceedings or any related person, warrants protection.”. ​ |
| Act 121 of 1998 | Prevention of Organised Crime Act | 1. The substitution for Schedule 1 of the following Schedule— “Schedule 1 (Sections 1, 38, 50, 51, 52, 54, 58 and 73) 1. murder; 2. rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; 3. kidnapping; 4. arson; 5. public violence; 6. robbery; 7. assault with intent to do grievous bodily harm; 8. [indecent assault] sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; 9. [the statutory offence of— (a) unlawful carnal intercourse with a girl under a specified age; (b) committing an immoral or indecent act with a girl or a boy under a specified age; (c) soliciting or enticing such girl or boy to the commission of an immoral or indecent act] any offence contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; 10. any offence under any legislation dealing with gambling, gaming or lotteries; 11. contravention of section 20 (1) of the Sexual Offences Act, 1957 (Act No. 23 of 1957); 12. any offence contemplated in Part 1 to 4, or section 17, 18, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004; 13. extortion; 14. childstealing; 15. breaking or entering any premises whether under the common law or a statutory provision, with intent to commit an offence; 16. malicious injury to property; 17. theft, whether under the common law or a statutory provision; 18. any offence under section 36 or 37 of the ​General Law Amendment Act, 1955 (Act No. 62 of 1955); 19. fraud; 20. forgery or uttering a forged document knowing it to have been forged; 21. offences relating to the coinage; 22. any offence referred to in section 13 of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992); 23. any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armament and the unlawful possession of such firearms, explosives or armament; 24. any offence in contravention of section 36 of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969); 25. dealing in, being in possession of or conveying endangered, scarce and protected game or plants or parts or remains thereof in contravention of a statute or provincial ordinance; 26. any offence relating to exchange control; 27. any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones; 28. any offence contemplated in sections 1 (1) and 1A (1) of the Intimidation Act, 1982 (Act No. 72 of 1982); 29. defeating or obstructing the course of justice; 30. perjury; 31. subornation of perjury; 32. any offence referred to in Chapter 3 or 4 of this Act; 32A. any specified offence as defined in the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004; 33. any offence the punishment wherefor may be a period of imprisonment exceeding one year without the option of a fine; 34. any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.”. |
| Act 16 of 1999 | Military Discipline Supplementary Measures Act | 1. The amendment of section 3 by the substitution for subsection (3) of the following subsection: “(3) When a person who is subject to the Code is suspected of having committed murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide in the Republic, the matter will be dealt with in accordance with section 27 of the National Prosecuting Authority Act, 1998 (Act No. 32 of ​1998), and any ensuing trial shall take place in a civilian court.”. 2. The amendment of section 7 by the substitution for paragraph (a) of subsection (1) of the following paragraph: “(a) in matters where treason, murder, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed outside the Republic, or where contraventions of section 4 or 5 of the Code are involved, composed of five members, being-”. 3. The amendment of section 9 by the substitution for subsections (2) and (3) of the following subsections: “(2) A Court of a Senior Military Judge may, subject to subsection (3), try any person subject to the Code for any offence, other than murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed within the Republic, and may on conviction sentence the offender to any punishment referred to in section 12. (3) In any case where the charge or one of the charges brought or to be brought against an accused is murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed beyond the borders of the Republic, or is a contravention of section 4 or 5 of the Code, the powers conferred by this section shall be exercised by three senior military judges sitting together under the presidency of the senior of those judges.”. 4. The amendment of section 30 by the substitution for subsection (8) of the following subsection: “(8) When a preliminary investigation is held in respect of treason, murder, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide, committed outside the Republic, or a contravention of section 4 or 5 of the Code or any offence punishable by imprisonment exceeding a period of 10 years, the prosecution counsel shall, ​subject to subsection (10), lead the evidence of every witness called by him or her and any witness may be cross-examined by the accused and may thereafter be re-examined by the prosecution counsel in relation to any evidence given by that witness under cross-examination and may at any stage of the proceedings be recalled by the presiding judge, commanding officer or recording officer for the purpose of being further examined or cross-examined, as the case may be.”. |
| Act 56 of 2001 | Private Security Industry Regulation Act | 1. The substitution for the Schedule of the following Schedule: “Schedule Table of Offences High treason. Sedition. Sabotage. Terrorism. Public violence. Arson. Malicious damage to property. Intimidation. Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. Murder. Robbery. Culpable homicide involving the use of a firearm or any form of intentional violence. Kidnapping. Assault with the intention to cause serious bodily harm. [Indecent assault] Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Child stealing. Fraud. Forgery or uttering of a forged document knowing ​it to have been forged. Breaking or entering any premises, whether in terms of common or statutory law, with the intention to commit an offence. Theft, whether in terms of common law or statutory law. Receiving stolen property knowing it to have been stolen. Extortion. Defeating the ends of justice. Perjury, whether in terms of common law or statutory law. An offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004. An offence involving the illicit dealing in dependence-producing substances. Any offence in terms of statutory law involving an element of dishonesty. Any offence in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998). Any offence in terms of the Explosives Act, 1956 (Act No. 26 of 1956). Any offence in terms of the Regulation of Foreign Military Assistance Act, 1998 (Act No. 15 of 1998). Any offence in terms of legislation pertaining to the control over the possession and use of firearms and ammunition. Any offence in terms of the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992). Any offence in terms of the Intelligence Services Act, 1994 (Act No. 38 of 1994). Any offence in terms of the Protection of Information Act, 1982 (Act No. 84 of 1982). Crimen injuria. Any offence in terms of statutory law involving cruelty to an animal. Any offence in terms of any law relating to illicit dealing in or possession of precious medals or precious stones. Any offence in terms of statutory law punishable by a period of imprisonment exceeding two years without the option of a fine. Any conspiracy, incitement or attempt to commit any of the above offences.”. |
| Act 13 of 2002 | Immigration Act | 1. The substitution for Schedule 1 of the following Schedule: ​ “Schedule 1 Offences referred to in section 28(a) and (b) of this Act Treason against the Republic Murder Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively [other than statutory rape] [Indecent assault] Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively Trafficking in persons for sexual purposes by a person as contemplated in section 71(1), (2) or (6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 Robbery Kidnapping Assault when a dangerous wound is inflicted Arson Any conspiracy, incitement or attempt to commit an offence referred to in this Schedule”. |
| Act 15 of 2003 | Explosives Act | 1. The amendment of section 30 by the substitution for paragraph (n) of subsection (1) of the following paragraph: “(n) any offence involving sabotage, terrorism, public violence, arson, intimidation, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, kidnapping or child stealing; or”. |