person with a mental disability

"person with a mental disability"

means a person affected by any mental disability, including any disorder or disability of the mind, to the extent that he or she, at the time of the alleged commission of the offence in question, was—

[Words preceding paragraph (a) substituted by section 1(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]

(a)	unable to appreciate the nature and reasonably foreseeable consequences of a sexual act;

(b)	able to appreciate the nature and reasonably foreseeable consequences of such an act, but unable to act in accordance with that appreciation;

(c)	unable to resist the commission of any such act; or

(d)	unable to communicate his or her unwillingness to participate in any such act;