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National Working Group updates. May 22, 2008 Regulation No. R561 under Chapters 5 and 6 of the Sexual Offences Act 32 are published in the Government Gazette (G.G 31076) March 20, 2008 Final submission is made to the Department of Justice regarding the the draft regulations of the Criminal Law (Sexual Offences and Related Matters) Amendment Act No 32 of 2007. A copy of the submission can be accessed here... March 17, 2008 A workshop was held to discuss the draft regulations of the Criminal Law (Sexual Offences and Related Matters) Amendment Act No 32 of 2007. A submission to the Department of Justice will follow shortly and will appear on the TLAC web site. December 2007 Criminal Law (Sexual Offences and Related Matters) Amendment Act No 32 of 2007 commenced 16 December 2007. However Chapters 5 of the Act only commenced on 21 March 2008 and and Chapter 6 will only commence on 16 June 2008. A copy of the Act can be accessed here Criminal Law (Sentencing) Amendment Act No 38 of 2007 commenced on 31 December 2007. A copy of the act can be found here November 2007 Criminal Law (Sexual Offences and Related Matters) Amendment Bill [B50-D 2003] as amended by the Portfolio Committee on Justice and Constitutional Development (National Assembly) . 22 November, 2007. Full Text can be read here. Previous amendments to the Bill: [B50C 2003] ;[B50B 2003] and [B50 2003] October 2007 The Consortium on Violence Against Women (CVAW) makes oral submission to the National Council of Parliament (based on the written submission sent to them in September) regarding the Criminal Law (Sexual Offences) Amendment Bill [B50B-2003]. In an email sent to the TLAC (5 November 2007) Dee Smythe of the Gender, Health and Justice research Institute at the University of Cape Town wrote how fortunate she, Helene Combrinck and Lilly Artz were in having been allowed sufficient time to make the presentation, and that consequently much ground had been covered. Interestingly enough three of the original drafters of the Bill were also present during the procedings. She reports that the following issues were addressed during the presentation: - The Interpretation Clause: Balancing of Rights
- Sexual Offences Against Persons with Mental Disabilities
- Rules of Evidence and Procedure.
- Delayed reporting
- Previous Sexual History - Section 227 of the Criminal Procedure Act
- Expert testimony during the trial (as opposed to only at sentencing)
- Specific Issues Pertaining To Children (s158 and 170A)
- Vulnerable witnesses and the obligation to apply protective measures
- Legal representation for victims of sexual offences
- Services for victims of sexual offences and compulsory HIV testing of alleged sex offenders
- Broad Medical Care and Medico-Legal Services
- Access to Medication
- Conditions for access to Post Exposure Prophylaxis (PEP) for HIV
- Compulsory HIV Testing of Alleged Sex Offences.
She writes further that the Select Committee would probably now be free to begin their deliberations and that CVAW will endeavor to ensure that someone attends these and will report back if anything exciting happens.
September 2007 The Consortium on Violence Against Women has sent a written submission on the Criminal Law (Sexual Offences) Amendment Bill [B50B-2003] to the National Council of Parliaments (NCOP). Dee Smythe of the CVAW forwarded the submission to the TLAC and was of the opinion that should the select committee of the National Council of Parliaments (currently being briefed on the Bill and who seemed to be serious about deliberating substantively on it) be made to see the merits of the more victim-centred aspects of the changes advocated, the Portfolio Committee - with it's new chairman - might follow suit. Read the submission here. (PDF 255Kb) November 17, 2006
The format of the meeting yesterday was that various MP's stood up and made speeches about the high level of rape, and then praised various aspects of the bill. Many of the speeches were around how the Bill would extend rights to children. All parties said they welcome the Bill and support it. Some, like the ID, said it was an important step forward towards restoring the moral fibre of South Africa. The DA said they had concerns about 11(A) criminalising clients of sex workers and about extra territorial jurisdiction The compulsory HIV testing and sexual offences register were particularly welcomed by various speakers from ANC and other parties. Johnny de Lange spoke last. He was angry that the bill could not be voted on yesterday but was going to be referred to the NCOP for tagging. He said this was due to Parliament having "bad legal advisers" and that Parliament should develop their own legal capacity so that this doesn't happen in the future. The legal advice was apparently related to the provision of PEP. The advisers said that provision of PEP should be in a separate bill. The bill will now apparently be delayed for several months.
So, the bill was not voted on yesterday but referred to the NCOP for tagging. (Update by Anna Weekes,SWEAT,17/11/06)
To read the updated version of the Sexual Offences Bill, go to, Sexual Offences Bill (10 Nov 2006).
National Working Group on Sexual Offences Bill
TLAC has been a member of the National Working Group on Sexual Offences since its inception and has worked in partnership with the Working Group and other organizations to make submissions to Parliament on the bill. It has also assisted the Working Group in undertaking a range of education and information activities on the Bill.
Working group member organisations include: Download Fact Sheets here. Click here to read the full submission made by Tshwaranang to the Commission on Gender Equality at their public hearings on the Sexual Offences Bill. Visit our Resources Section and click on Legislation to view Acts and Bills.
To read Submissions forwarded by Civil Society Organisations to the Portfolio Committee on Justice and Constitutional Development in 2006 refer to the links below:
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