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 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 semi-automatic 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.".