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BRIEFING TO THE JUSTICE AND CONSTITUTIONAL PORTFOLIO COMMITTEE

BRIEFING TO THE JUSTICE AND CONSTITUTIONAL PORTFOLIO COMMITTEE ON THE IMPLEMENTATION OF THE CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT, 2007 (ACT 32 OF 2007). 1. 1. 2010 FWC Administration of Justice Proj 29 July 2010. Background

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BRIEFING TO THE JUSTICE AND CONSTITUTIONAL PORTFOLIO COMMITTEE

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  1. BRIEFING TO THE JUSTICE AND CONSTITUTIONAL PORTFOLIO COMMITTEE ON THE IMPLEMENTATION OF THE CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT, 2007 (ACT 32 OF 2007) 1 1

  2. 2010 FWC Administration of Justice Proj 29 July 2010 • Background • The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) (the Act) came into operation in December 2007. • The Act acknowledges and expressly provides for protection of victims’ rights through advocating for the provision of “certain services” (read as specialized services) for victims of sexual offences • The Act was implemented incrementally with most Chapters coming into operation immediately (December 2007) except for Chapter 5 and 6 which came into operation in March 2008 and June 2009 respectively • Act is being implemented through the guidance of National Instructions, Directives and Regulations as required in the Act • Services are being provided to victims incrementally and progressively i.e. some services are established and being increased and expanded upon and others are in the development stages. 1 2

  3. 2010 FWC Administration of Justice Proj 29 July 2010 • Objectives of the Act • Introduction of a single statute addressing all sexual offences and related matters; • Comprehensive provisions dealing with the creation, expansion and amendment of sexual offences against children and mentally disabled persons; • Protection of victims’ rights through advocacy for provision of “certain services for victims of sexual offences” with express intention to eliminate secondary traumatisation of victims • Introduction of the National Register for Sex Offenders (NRSO) to protect children and mentally disabled persons from perpetrators • Provision for “compulsory HIV testing of alleged perpetrators of sexual offences” • Regulation of the manner in which sexual offences and related matters must be dealt with through providing for the adoption of the National Policy Framework on the Management of Sexual Offences and Related Matters • Provision for the establishment of an Inter-Sectoral Committee on the management of sexual offences matters • Plans for the Implementation of the Act • 3 year inter-departmental plan drafted and used to coordinate and ensure compliance with provisions of the Act 1 3

  4. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT 1 4

  5. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 5

  6. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 6

  7. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 7

  8. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 8

  9. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 9

  10. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 10

  11. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 11

  12. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 12

  13. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 13

  14. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 14

  15. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 15

  16. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 16

  17. PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 2010 FWC Administration of Justice Proj 29 July 2010 1 17

  18. 2010 FWC Administration of Justice Proj 29 July 2010 PROGRESSIVE IMPLEMENTATION OF THE SEXUAL OFFENCES AMENDMENT ACT cont. 1 18

  19. 2010 FWC Administration of Justice Proj 29 July 2010 Thank You 1 9

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