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

Chapter 7 : General Provisions

Part 2: Defences and sentencing, inability of children under 12 years and persons with mental disabilities to consent to sexual acts, other evidentiary matters and extra-territorial jurisdiction

61. Extra-territorial jurisdiction

 

(1) Even if the act alleged to constitute a sexual offence or other offence under this Act occurred outside the Republic, a court of the Republic, whether or not the act constitutes an offence at the place of its commission, has, subject to subsections (4) and (5), jurisdiction in respect of that offence if the person to be charged—
(a) is a citizen of the Republic;
(b) is ordinarily resident in the Republic;
(c) was arrested in the territory of the Republic, or in its territorial waters or on board a ship or aircraft registered or required to be registered in the Republic at the time the offence was committed;
(d) is a company, incorporated or registered as such under any law, in the Republic; or
(e) any body of persons, corporate or  unincorporated, in the Republic.

 

(2) Subject to subsections (4) and (5), any act alleged to constitute a sexual offence or other offence under this Act and which is committed outside the Republic by a person, other than a person contemplated in subsection (1), is,  whether or not the act constitutes an offence at the place of its commission, deemed to have been committed in the Republic if that—
(a) act was committed against a person referred to in paragraphs (a) or (b) of subsection (1);
(b) person is found in the Republic; and
(c) person is, for any reason, not extradited by the Republic or if there is no application to extradite that person.

 

(3) Any offence committed in a country outside the Republic as contemplated in subsection (1) or (2), is, for purposes of determining the jurisdiction of a court to try the offence, deemed to have been committed—
(a) at the place where the complainant is ordinarily resident; or
(b) at the accused person's principal place of business.

 

(4) No prosecution may be instituted against a person in terms of this section with respect to conduct which formed the basis of an offence under this Act in respect of which such person has already been convicted or acquitted by a court of another jurisdiction.

 

(5) The institution of a prosecution in terms of this section must be authorised in writing by the National Director of Public Prosecutions.