No. 66 of 2008: Judicial Matters Amendment Act, 2008.
Minister for Justice and Constitutional Development must adopt and table the policy framework relating to sexual offences, in Parliament; and to provide for matters connected therewith.
Substitution of section 113 of Act 46 of 1935 1.
Any person who, without a lawful burial order, disposes of the body of any newly born child with intent to conceal the fact of its birth, whether the child died before, during or after birth, shall be guilty of an offence and liable on conviction to a ï¬ne [not exceeding one hundred 10 pounds] or to imprisonment for a period not exceeding three years.
[(2) Whenever a person disposes of the body of any such child which was recently born, otherwise than under a lawful burial order, he shall be deemed to have disposed of such body with intent to conceal the fact of the child's birth, unless it is proved that he had no such intent.
[(3)] (2) A person may be convicted under subsection (1) although it has not been proved that the child in question died before its body was disposed of.
The institution of a prosecution under this section must be authorised in writing by the Director of Public Prosecutions having jurisdiction.''.
Amendment of section 88 of Act 66 of 1965 2.
''(1) Subject to the provisions of subsections (2) and (3), compounded interest calculated on a monthly basis at the rate per annum determined from time to time 25 by the Minister [of Finance] for Justice and Constitutional Development, in consultation with the Minister of Finance, [and compounded annually at the thirty-ï¬rst of March,] shall be allowed on each rand of the principal of every sum of money received by the Master for account of any minor, [lunatic] mentally ill person or person with severe or profound intellectual disability, unborn heir or any 30 nature.''.
Amendment of section 1 of Act 101 of 1965, as substituted by section 1 of Act 65 of 1974 and amended by section 1 of Act 17 of 1979, section 1 of Act 20 of 1981, section 1 of Act 94 of 1991, section 1 of Act 49 of 1996, section 1 of Act 90 of 1997 and section 1 of Act 59 of 2002 3.
Amendment of section 51 of Act 51 of 1977 4.
''(1) Any person who escapes or attempts to escape from custody after he or she has been lawfully arrested and before he or she has been lodged in any [prison] correctional facility, police-cell or lock-up, shall be guilty of an offence and liable on conviction to the penalties prescribed in section [48 of the Prisons Act, 1959 (Act 8 of 1959)] 117 of the Correctional Services Act, 1998 (Act No. 111 of 1998).
Any person who rescues or attempts to rescue from custody any person after he or she has been lawfully arrested and before he or she has been lodged in any [prison] correctional facility, police-ceIl or lock-up, or who aids [such] the person to escape or to attempt to escape from [such] custody, or who harbours or conceals or assists in harbouring or concealing any person who escapes from custody after he or she has been lawfully arrested and before he or she has been lodged in any [prison] correctional facility, police-cell or lock-up, shall be guilty of an offence and liable on conviction to the penalties prescribed in section [43 of the said Prisons Act, 1959] 117 of the said Correctional Services Act, 1998.''.
Amendment of section 55 of Act 51 of 1977, as amended by section 14 of Act 59 of 1983, section 5 of Act 33 of 1986 and section 3 of Act 4 of 1992 5.
the court may make a further endorsement on the warrant to the effect that the accused may admit his or her guilt in respect of the failure to appear in answer to the summons or to remain in attendance at the criminal proceedings, and that he or she may upon arrest pay to a clerk of the court or at a police station a ï¬ne stipulated on the warrant in respect of [such] that failure, which ï¬ne shall not exceed the amount to be imposed in terms of subsection (2), without appearing in court.''.
Amendment of section 56 of Act 51 of 1977, as amended by section 2 of Act 109 of 1984 and section 5 of Act 5 of 1991 6.
contain an endorsement in terms of section 57 that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay [a] the stipulated ï¬ne as determined by the Minister in terms of section 57(2)(b) in respect thereof without appearing in court; and contain a certiï¬cate under the hand of the peace officer that he or she has handed the original of [such] that written notice to the accused and that he or she has explained to the accused the import thereof.
If the accused is in custody, the effect of a written notice handed to him or her under subsection (1) shall be that he or she be released forthwith from custody.''.
Substitution of section 57 of Act 51 of 1977, as substituted by section 3 of Act 109 of 1984, section 6 of Act 33 of 1986, section 2 of Act 26 of 1987 and section 6 of Act 5 of 1991 7.
An admission of guilt ï¬ne referred to in this section may only be imposed and paid in respect of an offence which the Minister determines, as provided for in subsection (2).
the offences in respect of which an admission of guilt ï¬ne may be imposed and paid; and the amount of an admission of guilt ï¬ne which can be stipulated in a summons under section 54 (in this section referred to as the summons) or a written notice under section 56 (in this section referred to as the written notice), in respect of each offence.
a summons is issued against an accused under section 54 [(in this section referred to as the summons)] and the public prosecutor [or the clerk] of the court concerned [on reasonable grounds believes that a magistrate's court, on convicting the accused of the offence in question, will not impose a ï¬ne exceeding the amount determined by the Minister from time to time by notice in the Gazette, and such public prosecutor or the clerk of the court],in accordance with the directives issued by the National Director of Public Prosecutions provided for in subsection (11), endorses the summons to the effect that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay a ï¬ne stipulated on the summons in respect of [such] that offence without appearing in court; or a written notice under section 56 [(in this section referred to as the written notice)] is handed to the accused and the endorsement in terms of [paragraph (c) of] subsection (1)(c) of that section purports to have been made by a peace officer, the accused may, without appearing in court, admit his or her guilt in respect of the offence in question by paying the ï¬ne stipulated (in this section referred to as the admission of guilt ï¬ne) either to the clerk of the magistrate's court which has jurisdiction or at any police station within the area of jurisdiction of that court or, if the summons or written notice in question is endorsed to the effect that the ï¬ne may be paid at a speciï¬ed local authority, at [such] that local authority.
[(2)] (4) (a) The summons or the written notice may stipulate that the admission of guilt ï¬ne shall be paid before a date speciï¬ed in the summons or written notice, as the case may be.
An admission of guilt ï¬ne may be accepted by the clerk of the court concerned notwithstanding that the date referred to in paragraph (a) or the date on which the accused should have appeared in court has expired.
[(3)] (5) (a) (i) Subject to the provisions of subparagraphs (ii) and (iii), an accused who intends to pay an admission of guilt ï¬ne in terms of subsection (1), shall surrender the summons or the written notice, as the case may be, at the time of the payment of the ï¬ne.
is available at the place of payment referred to in subsection [(1)] (3), the admission of guilt ï¬ne may be accepted without the surrender of a copy of the summons or written notice, as the case may be.
If an accused in respect of whom a warrant has been endorsed in terms of section 55(2A) intends to pay the relevant admission of guilt ï¬ne, the clerk of the court may, after he or she has satisï¬ed himself or herself that the warrant is so endorsed, accept the admission of guilt ï¬ne without the surrender of the summons, written notice or copy thereof, as the case may be.
A copy referred to in paragraph (a)(ii) may be obtained by the accused at the magistrate's court, police station or local authority where the copy of the summons or written notice in question known as the control document is ï¬led.
Notwithstanding the provisions of subsection [(1)] (3), an accused referred to in paragraph (a)(iii) may pay the admission of guilt ï¬ne in question to the clerk of the court where he or she appears in consequence of [such] that warrant, and if [the said] that clerk of the court is not the clerk of the magistrate's court referred to in subsection [(1)] (3), he or she shall transfer [such] that admission of guilt ï¬ne to the latter clerk of the magistrate's court.
[(4)] (6) No provision of this section shall be construed as preventing a public prosecutor attached to the court concerned from reducing an admission of guilt ï¬ne on good cause shown in writing.
(5) (a) An admission of guilt ï¬ne stipulated in respect of a summons or a written notice shall be in accordance with a determination which the magistrate of the district or area in question may from time to time make in respect of any offence or, if the magistrate has not made such a determination, in accordance with an amount determined in respect of any particular summons or any particular written notice by either a public prosecutor attached to the court of such magistrate or a police official of or above the rank of non-commissioned officer attached to a police station within the magisterial district or area in question or, in the absence of such a police official at any such police station, by the senior police official then in charge at such police station.
An admission of guilt ï¬ne determined under paragraph (a) shall not exceed the maximum of the ï¬ne prescribed in respect of the offence in question or the amount determined by the Minister from time to time by notice in the Gazette, whichever is the lesser.
An admission of guilt ï¬ne stipulated in respect of a summons or a written notice shall be in accordance with the determination made by the Minister from time to time in respect of the offence in question, as provided for in subsection (2).
[(6)] (8) An admission of guilt ï¬ne paid at a police station or a local authority in terms of subsection [(1)] (3) and the summons or, as the case may be, the written notice surrendered under subsection [(3)] (5), shall, as soon as is expedient, be forwarded to the clerk of the magistrate's court which has jurisdiction, and [such] that clerk of the court shall thereafter, as soon as is expedient, enter the essential particulars of [such] that summons or, as the case may be, [such] that written notice and of any summons or written notice surrendered to the clerk of the court under subsection [(3)] (5), in the criminal record book for admissions of guilt, whereupon the accused concerned shall, subject to the provisions of subsection [(7)] (9), be deemed to have been convicted and sentenced by the court in respect of the offence in question.
[(7)] (9) The judicial officer presiding at the court in question shall examine the documents and if it appears to him or her that a conviction or sentence under subsection [(6)] (8) is not in accordance with justice or [that any such sentence], except as provided in subsection [(4)] (6), is not in accordance with a determination made by the [magistrate] Minister under subsection [(5)] (2) or [, where the determination under that subsection has not been made by the magistrate, that the sentence is not adequate] does not comply with a directive issued by the National Director of Public Prosecutions as provided for in subsection (11) [such] that judicial officer may set aside the conviction and sentence and direct that the accused be prosecuted in the ordinary course, whereupon the accused may be summoned to answer [such] that charge as the public prosecutor may deem ï¬t to prefer: Provided that where the admission of guilt ï¬ne which has been paid exceeds the amount determined by the [magistrate] Minister under subsection [(5)] (2), the [said] judicial officer may, in lieu of setting aside the conviction and sentence in question, direct that the amount by which the [said] admission of guilt ï¬ne exceeds the said determination be refunded to the accused concerned.
Any determination made by the Minister under this section must be tabled in Parliament for approval.
The National Director of Public Prosecutions must issue directives regarding the cases and circumstances in which a prosecutor may issue a summons referred to in subsection (3)(a) or a written notice referred to in section 57A(1) in which an admission of guilt ï¬ne may be imposed in respect of the offences which the Minister determines under subsection (2) and any directive so issued must be observed in the application of this section.
The directives referred to in paragraph (a) must ensure that adequate disciplinary steps will be taken against a prosecutor who fails to comply with any directive.
The Minister must submit any directives issued under this subsection to Parliament before those directives take effect, and the ï¬rst directives so issued, must be submitted to Parliament within four months of the commencement of this section.
Any directive issued under this subsection may be amended or withdrawn in like manner.''.
released on bail under section 59 or 60; or released on warning under section 72, the public prosecutor may, before the accused has entered a plea and [if he or she on reasonable grounds believes that a magistrate's court, on convicting such accused of that offence, will not impose a ï¬ne exceeding the amount determined by the Minister from time to time by notice in the Gazette,] in accordance with the directives issued by the National Director of Public Prosecutions under section 57(11), hand to the accused a written notice, or cause [such] the notice to be delivered to the accused by a peace officer, containing an endorsement in terms of section 57 that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay [a] the stipulated ï¬ne in respect [thereof] of that offence, as determined by the Minister in terms of section 57(2)(b), without appearing in court again.'
to [(7)] (9), inclusive, shall apply mutatis mutandis to the relevant written notice handed or delivered to an accused under subsection (1) as if, in respect of section 57, [such] the notice were the written notice [contemplated] referred to in that section and as if the ï¬ne stipulated in [such] the written notice were also the admission of guilt ï¬ne [contemplated] referred to in that section.''.
Amendment of section 60 of Act 51 of 1977, as substituted by section 3 of Act 75 of 1995 and amended by section 4 of Act 85 of 1997, section 5 of Act 34 of 1998, section 9 of Act 62 of 2000 and section 4 of Act 55 of 2003 9.
''(2B) (a) If the court is satisï¬ed that the interests of justice permit the release of an accused on bail as provided for in subsection (1), and if the payment of a sum of money is to be considered as a condition of bail, the court must hold a separate inquiry into the ability of the accused to pay the sum of money being considered or any other appropriate sum.
unable to pay any sum of money, the court must consider setting appropriate conditions that do not include an amount of money for the release of the accused on bail or must consider the release of the accused in terms of a guarantee as provided for in subsection (13)(b);or able to pay a sum of money, the court must consider setting conditions for the release of the accused on bail and a sum of money which is appropriate in the circumstances.'
deposit with the clerk of [the] any magistrate's court or the registrar of [the] any High Court, as the case may be, or with a correctional official at the correctional facility where the accused is in custody or with a police official at the place where the accused is in custody, the sum of money determined by the court in question; or shall furnish a guarantee, with or without sureties, that he or she will pay and forfeit to the State the amount that has been set as bail, or that has been increased or reduced in terms of section 63(1), in circumstances in which the amount would, had it been deposited, have been forfeited to the State.''.
Amendment of section 79 of Act 51 of 1977, as amended by section 4 of Act 4 of 1992, section 17 of Act 116 of 1993, section 44 of Act 129 of 1993, section 28 of Act 105 of 1997, section 6 of Act 68 of 1998, section 8 of Act 42 of 2001 and section 68 of Act 32 of 2007 10.
by a clinical psychologist where the court so directs.'
''(13) (a) The National Director of Public Prosecutions must, in consultation with the Minister, issue directives regarding the cases and circumstances in which a prosecutor must apply to the court for the appointment of a psychiatrist as provided for in subsection (1)(b)(ii) and any directive so issued must be observed in the application of this section.
The Minister must submit any directives issued under this subsection to Parliament before those directives take effect, and the ï¬rst directives so issued, must be submitted to Parliament within four months of the commencement of this subsection.
Insertion of section 110A in Act 51 of 1977 11.
the Vienna Convention on Consular Relations, 1963; or any other international convention, treaty or any agreement between the Republic and any other country or international organisation, and that person is found within the area of jurisdiction of any court in the Republic which would have had jurisdiction to try the offence if it had been committed within its area of jurisdiction, that court shall, subject to subsection (2), have jurisdiction to try that offence.
the offence is an offence under the laws of the Republic; and the National Director of Public Prosecutions instructs that a prosecution be instituted against the person.
At the conclusion of the trial against a person under this section, a copy of the proceedings, certiï¬ed by the clerk of the court or registrar, together with any remarks as the prosecutor may wish to append thereto, must be submitted to the Minister of Foreign Affairs.''.
Amendment of section 285 of Act 51 of 1977, as amended by section 16 of Act 33 of 1986 12.
[such person] is undergoing a punishment of any other form of detention imposed by any court; or after having surrendered himself or herself pursuant to the notice issued under subsection (2), without lawful excuse, the proof whereof shall be on that person, thereafter fails to surrender himself or herself for the purpose of undergoing periodical imprisonment, as required, any magistrate before whom [such] that person is brought, [shall] may set aside the unexpired portion of the sentence of periodical imprisonment and, after considering the evidence recorded in respect of [such] the offence in question, may impose in lieu of [such] any unexpired portion any punishment within the limits of his or her jurisdiction and of any punishment prescribed by any law as a punishment for [such] the offence in question.'
''(6) Any magistrate may, if it appears from information on oath that a person who has been sentenced in terms of subsection (1) has failed to surrender himself or herself to undergo imprisonment as provided for in this section, issue a warrant for the arrest of that person in order to deal with him or her in terms of subsection (5)(b).''.
Amendment of section 309 of Act 51 of 1977, as amended by section 2 of Act 76 of 1977, section 17 of Act 105 of 1982, section 8 of Act 107 of 1990, section 51 of Act 129 of 1993, section 13 of Act 75 of 1995, section 2 of Act 33 of 1997, section 2 of Act 76 of 1997, section 38 of Act 105 of 1997, section 2 of Act 42 of 2003 and section 6 of Act 38 of 2007 13. Section 309 of the Criminal Procedure Act, 1977, is hereby amended by the deletion of subsection (3A).
Amendment of section 309C of Act 51 of 1977, as inserted by section 3 of Act 76 of 1997 and substituted by section 3 of Act 42 of 2003 14.
if the petition relates solely to an application for condonation, a copy of the judgment, which includes the reasons for conviction and sentence, shall, subject to subsection (6)(a), suffice for the purposes of the petition.
A petition [contemplated] as provided for in this section must be considered in chambers by [a judge] two judges designated by the Judge President[: Provided that the Judge President may, in exceptional circumstances, at any stage designate two judges to consider such petition].
If the judges referred to in [the proviso to] paragraph (a) differ in opinion, the petition must also be considered in chambers by the Judge President or by any other judge designated by the Judge President.
For the purposes of paragraph (b) any decision of the majority of the judges considering the petition, shall be deemed to be the decision of all three judges.
call for any further information[, including a copy of the record of any proceedings that was not submitted in terms of the proviso to subsection (4)(c),] from the magistrate who refused the application in question, or from the magistrate who presided at the trial to which [any such] the application relates, as the case may be; or in exceptional circumstances, order that the petition or any part thereof be argued before them at a time and place determined by them.''.
Amendment of section 315 of Act 51 of 1977, as substituted by section 20 of Act 105 of 1982 and amended by section 10 of Act 107 of 1990, section 39 of Act 105 of 1997, section 11 of Act 62 of 2000 and section 4 of Act 42 of 2003 15. Section 315 of the Criminal Procedure Act, 1977, is hereby amended by the deletion of paragraphs (b) and (c) of subsection (1).
Amendment of section 316 of Act 51 of 1977, as substituted by section 5 of Act 42 of 2003 16.
if the petition relates solely to an application for condona tion, a copy of the judgment, which includes the reasons for conviction and sentence, shall, subject to subsection (12)(a), suffice for the purposes of the petition.'
call for any further information[, including a copy of the record of the proceedings that was not submitted in terms of the proviso to subsection (10)(c),] from the judge who refused the application in question, or from the judge who presided at the trial to which [any such] the application relates, as the case may be; or in exceptional circumstances, order that the application or applications in question or any of them be argued before them at a time and place determined by them.''.
Amendment of section 341 of Act 51 of 1977, as amended by section 9 of Act 64 of 1982, section 25 of Act 33 of 1986, section 16 of Act 26 of 1987 and section 4 of Act 18 of 1996 17.
''(5) (a) The amount to be speciï¬ed in any notiï¬cation issued under this section as the amount of the ï¬ne which a court would probably impose in respect of any offence, shall be determined from time to time [for any particular area by the magistrate of the district or area in which such area is situated,] by the Minister by notice in the Gazette, after consultation with the Chief Justice, the National Director of Public Prosecutions and the Minister of Safety and Security, and may differ from the admission of guilt ï¬ne determined under section 57[(5)(a)] (2)(b) for the offence in question.
Any determination made by the Minister under paragraph (a) must be tabled in Parliament for approval.''.
Amendment of section 3 of Act 53 of 1979, as substituted by section 2 of Act 87 of 1989 and amended by section 2 of Act 102 of 1991 18.
''(i) if he or she is an attorney so practising on his or her own account or as a partner in a ï¬rm of attorneys or as a member of a professional company, or is employed full-time at a law clinic, or is employed full-time at an office of the Legal Aid Board, so practised or been so employed for a period of three years or periods of three years in the aggregate during the preceding four years;''.
Amendment of section 72 of Act 53 of 1979, as amended by section 5 of Act 80 of 1985, section 25 of Act 87 of 1989, section 17 of Act 115 of 1993 and section 13 of Act 204 of 1993 19.
debar him or her from remaining in the employ of the attorney referred to in section 8(4) or 8(5), as the case may be; or impose upon him or her a ï¬ne not exceeding [R2 000] R20 000; or reprimand him or her.'
Amendment of section 3 of Act 105 of 1983, as amended by section 2 of Act 87 of 1992 and section 21 of Act 139 of 1992 20.
''(6) [Subject to the provisions of subsection (9), an] An action in rem, other than [such] an action in respect of a maritime claim [contemplated] referred to in paragraph (d) of the deï¬nition of 'maritime claim', may be brought by the arrest of an associated ship instead of the ship in respect of which the maritime claim arose.''; and by the deletion of subsection (9).
Substitution of section 18 of Act 88 of 1984 21.
he or she may recover from the other spouse damages[, other than damages for patrimonial loss,] in respect of bodily injuries suffered by him or her and attributable either wholly or in part to the fault of that spouse and these damages do not fall into the joint estate but become the separate property of the injured spouse.''.
Amendment of Part 1 of Schedule 2 to Act 105 of 1997, as amended by section 37 of Act 62 of 2000, section 36 of Act 12 of 2004, section 27 of Act 33 of 2004, section 68 of Act 32 of 2007 and section 5 of Act 38 of 2007 22. Part I of Schedule 2 to the Criminal Law Amendment Act, 1997, is hereby amended by the addition of the following offences: ''Any offence referred to in Part I or Part II of Schedule 1 to the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002).''.
Amendment of section 3 of Act 114 of 1998 23.
''(4) [A member of the Council shall hold officer for a term, not exceeding three years, determined by the Minister at the time of the member's appointment: Provided that the Minister may withdraw an appointment of a member at any time and, provided further, that a member may be reappointed at the expiration of his or her term of office.
A member of the Council, subject to paragraphs (b), (c), (d) and (e), holds office for a term, not exceeding three years, determined by the Minister at the time of the member's appointment.
The Minister may, on good cause shown, withdraw an appointment of a member at any time.
A member of the Council may be re-appointed at the expiry of his or her term of office.
A member of the Council appointed in terms of this section who is a member of a committee referred to in section 15(2), must, notwithstanding his or her subsequent vacation of office as a member of the Council, dispose of the matters he or she is seized with and, for that purpose only, is deemed to hold office as a member of the Council in respect of any period during which he or she is necessarily engaged in connection with the disposal of the matters which were not disposed of when he or she vacated office as a member of the Council.
unï¬t to dispose of the matters in question; or incapacitated and is not able to dispose of the matters in question due to that incapacity, may be exempted by the Council from the provisions of paragraph (d).''.
Amendment of section 5 of Act 114 of 1998 24.
''(1) The Council may appoint not less than three and not more than ï¬ve of its members as an executive committee of the Council which shall, subject to the provisions of subsection (2) and the directions of the Council, be competent during the periods between meetings of the Council to perform or exercise all the powers and functions of the Council: Provided that the majority of the members of the executive committee shall be members of the Council other than those appointed in terms of section 3(2)(b)(iii).''.
must [, where necessary], take control [and] over, administer [his or her] and ï¬nalise that trust account [until];or may, in the circumstances the Council deems ï¬t, make an application to the Master of the High Court having jurisdiction [has, on application made by the Council, or by a person having an interest in the trust account of that debt collector, appointed] to appoint a curator bonis with [such] the rights, duties and powers [as the Master may deem ï¬t] as prescribed to control, [and] administer and ï¬nalise [such] that account.'
shall have the powers and duties as prescribed; and is entitled to the fees as provided for in Schedule 2 of the regulations made in terms of section 103 of the Administration of Estates Act, 1965 (Act No. 66 of 1965).''.
Amendment of section 23 of Act 114 of 1998 26.
regarding the training of debt collectors[.
regarding the remuneration, rights, duties and powers of a curator bonis appointed under section 20(8); and regarding the powers and duties of the Master of the High Court when appointing a curator bonis in terms of section 20(8).''.
Amendment of section 79 of Act 2 of 2000, as amended by section 23 of Act 55 of 2003 27.
''The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must [within four years after the commencement of this section], before 28 February 2009, subject to the approval of the Minister, make rules of procedure for-''.
Substitution of section 89 of Act 2 of 2000 28.
No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 79.''.
Amendment of section 7 of Act 3 of 2000, as amended by section 27 of Act 55 of 2003 29.
''(3) The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must [within three years after the date of commencement of section 10 of this Act], before 28 February 2009, subject to the approval of the Minister, make rules of procedure for judicial review.''.
Amendment of section 10 of Act 3 of 2000, as substituted by section 15 of Act 22 of 2005 and amended by section 42 of Act 30 of 2007 30.
''(6) The code of good administrative conduct [contemplated] referred to in subsection (5A) must, before publication in the Gazette, be approved by Cabinet and Parliament and must be made [within 42 months after the commencement of this section] before 28 February 2009.''.
Insertion of section 10A in Act 3 of 2000 31.
10A. No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 7(3).''.
''(b) Service referred to in paragraph (a) of the deï¬nition of 'service' in section 1, in a permanent post on the establishment of a particular court, may, subject to paragraph (bA), only be performed if that service is requested by the Chief Justice, President of the Supreme Court of Appeal or the judge president in whose area of jurisdiction the Constitutional Court judge or judge resides or of the court to which he or she was attached when discharged from active service, or with his or her consent, any other judge president, in consultation with the Chief Justice or the the judge president in question, as the case may be, and the Minister so approves, after consultation with the Judicial Service Commission.''.
''(bA) Service referred to in paragraph (a) of the deï¬nition of 'service' in section 1 which becomes necessary as a result of the creation of an additional temporary post on the establishment of a particular court, to deal with additional workload or backlogs which have developed, may be performed if that service is approved by the Minister after consultation with the head of the court in question, and for the period decided by the Minister, which period may not exceed three months at a time.''.
Amendment of section 26 of Act 12 of 2004 35.
''(4) Notwithstanding anything to the contrary in any law, a magistrate's court shall be competent to impose the penalty provided for in subsection (1)(a)(iii), (1)(c), or (3).''.
Amendment of section 42 of Act 32 of 2007 36.
''(1) A National Register for Sex Offenders containing particulars of persons convicted of any sexual offence against a child or a person who is mentally disabled or are alleged to have committed a sexual offence against a child or a person who is mentally disabled and who have been dealt with in terms of section 77(6) of 78(6) of the Criminal Procedure Act, 1977, whether committed before or after the commencement of this Chapter and whether committed in or outside the Republic, must, [within six months after the commencement of this Chapter] before 30 June 2009, and, in accordance with the provisions of this Chapter and the regulations made thereunder, be established and maintained by the Minister.''.
Amendment of section 50 of Act 32 of 2007 37.
''(5) (a) The National Commissioner of Correctional Services must, in the prescribed manner and [within] at least three months [after the commencement of this Chapter] before the establishment of the Register referred to in section 42, forward to the Registrar the particulars referred to in section 49 of every prisoner or former prisoner which he or she has on record, who, at the commencement of this Chapter, is serving a sentence of imprisonment or who has served a sentence of imprisonment as the result of a conviction for a sexual offence against a child, including an offence [contemplated] referred to in section 14 of the Sexual Offences Act, 1957 (Act 23 of 1957), and must, where possible, forward the available particulars of every prisoner or former prisoner which he or she has on record, who at the commencement of this Chapter, is serving a sentence of imprisonment or has served a sentence of imprisonment as a result of a conviction for a sexual offence against a person who is mentally disabled, including an offence [contemplated] referred to in section 15 of the Sexual Offences Act, 1957, and the Registrar must forthwith enter those particulars in the Register.
The National Commissioner of Correctional Services must, in the prescribed manner and period, inform each serving prisoner whose particulars have been forwarded to the Registrar of the implications thereof.
The National Commissioner of the South African Police Service must, in the prescribed manner and [within] at least three months [after the commencement of this Chapter] before the establishment of the Register referred to in section 42, forward to the Registrar all the available particulars in his or her possession referred to in section 49 of every person, who, at the commencement of this Chapter, has a previous conviction for a sexual offence against a child, including, as far as is possible, an offence [contemplated] referred to in section 14 of the Sexual Offences Act, 1957, and who has a previous conviction for a sexual offence against a person who is mentally disabled, including, as far as is possible, an offence [contemplated] referred to in section 15 of the Sexual Offences Act, 1957, and the Registrar must forthwith enter those particulars in the Register.
The Director-General: Health must, in the prescribed manner and [within] at least three months [after the commencement of this Chapter] before the establishment of the Register referred to in section 42, forward to the Registrar the particulars referred to in section 49 of every person, who, at the commencement of this Chapter, is subject to a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, as the result of an act which constituted a sexual offence against a child or a person who is mentally disabled and the Registrar must forthwith enter those particulars in the Register.
The Director-General: Health must, in the prescribed manner and period, inform each person referred to in paragraph (a) whose particulars have been forwarded to the Registrar of the implications thereof.''.
Amendment of section 62 of Act 32 of 2007 38.
review the policy framework within ï¬ve years after its publication in the Gazette and at least once every ï¬ve years thereafter; and amend the policy framework when required, in which case [such] the amendments must be tabled in Parliament and published in the Gazette, as [contemplated] provided for in paragraph (b).''.
Any admission of guilt ï¬ne which, before the commencement of sections 5 to 8 and 17 of this Act- (a) was imposed in terms of section 57(1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), before its amendment by section 7 of this Act; and (b) has not been dealt with in terms of section 57(7) of the Criminal Procedure Act, 1977, before its amendment by section 7 of this Act, must be dealt with as if section 7 of this Act had not been passed.
This Act is called the Judicial Matters Amendment Act, 2008. (2) Sections 5, 6, 7, 8, 10, 13, 14, 15, 16, 17, 25, 26 and 39 come into operation on a date ï¬xed by the President by proclamation in the Gazette.