Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

No. and year of law

Short title

Extent of repeal or amendment

Act 51 of 1977

Criminal Procedure Act

1.

The substitution for section 18 of the following section:

"18.

Prescription of right to institute prosecution

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 involuntarily 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:

"227

Evidence of character and previous sexual experience

(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, subject  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 considered 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:

"261. Rape, compelled rape, sexual assault, compelled sexual assault and compelled self-sexual assault

(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 or;

(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:

'267.  Common assault

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:

"268.  Statutory unlawful carnal intercourse

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 No. 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 co-perpetrators 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.".