Portal:Acts of the Parliament of South Africa

“ A person (“A”) who intentionally lives wholly or in part on rewards, favours or compensation for the commission of a sexual act with a child complainant (“B”) , with or without the consent of B, by a third person (“C”) , is guilty of an offence of living from the earnings of the sexual exploitation of a child. ”

“ The National Director of Public Prosecutions must, in consultation with the National Commissioner of the South African Police Service, issue and publish in the Gazette directives regarding the manner in which prosecutors and other officials in the national prosecuting authority must deal with the HIV test results that were disclosed by police officials, as contemplated in section 33 (l) (e) (ii) , in order to ensure the confidentiality of such test results. ”

“ 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.”. ”

“ Whereas the South African common law and statutory law do not deal adequately, effectively and in a non-discriminatory manner with many aspects relating to or associated with the commission of sexual offences, and a uniform and co-ordinated approach to the implementation of and service delivery in terms of the laws relating to sexual offences is not consistently evident in Government ”

“ 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. ”

“ 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.”. ”

“ Whenever an accused person is charged with an offence under section 3, 4, 5, 6 or 7 it is not a valid defence for that accused person to contend that a marital or other relationship exists or existed between him or her and the complainant. ”

“ The Director-General: Health must develop training courses, which must—
(i)
include training on the directives referred to in paragraph (a) ; (ii)
include social context training in respect of sexual offences; and (iii)
provide for and promote the use of uniform norms, standards and procedures, with a view to ensuring that as many medical practitioners and any other relevant persons as possible are able to deal with sexual offence cases in an appropriate, efficient and sensitive manner. ”

“ No prosecution may be instituted against a person in terms of this section with respect to conduct which formed the basis of an offence under this Act in respect of which such person has already been convicted or acquitted by a court of another jurisdiction. ”

“ Provided that if any such steps to be taken will not ensure the safety of a child or a person who is mentally disabled, the employment relationship, the use of services or access, as the case may be, must be terminated immediately. ”

“ 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.”. ”

“ An employer who, during the course of an employment relationship, ascertains that the particulars of an employee contemplated in subsection (1) (a) has been recorded in the Register, irrespective of whether such offence was committed during the course of his or her employment, must, subject to paragraph (d) immediately terminate the employment of such employee. ”

“ Where a court, for whatever reason, fails to make an order under subsection (2) (a) the prosecuting authority or any person must immediately or at any other time bring this omission to the attention of the court and the court must make such order. ”

“ Whereas the prevalence of the commission of sexual offences in our society is primarily a social phenomenon, which is reflective of deep-seated, systemic dysfunctionality in our society, and that legal mechanisms to address this social phenomenon are limited and are reactive in nature, but nonetheless necessary ”