No. and year of law

Short title

Extent of repeal or amendment

Act 105 of 1997

Criminal Law Amendment Act

1.

The amendment of Schedule 2 by—

(a)

the substitution for Part I of the following part:

'PART I

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

(ii)

material evidence with reference to any offence referred to in Schedule 1 to the Criminal

Procedure Act, 1977 (Act No. 51 of 1977), at criminal proceedings in any court;

(c)

the death of the victim was caused by the accused in committing or attempting to commit or after having committed or 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 as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); 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 as contemplated in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007—

(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 has been convicted of two or more offences of rape or compelled rape, but has not yet been sentenced in respect of such convictions; 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; or

(c)

involving the infliction of grievous bodily harm.

Compelled rape as contemplated in section 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007—

(a)

when committed—

(i)

in circumstances where the victim was raped more than once by one or more than one person;

(ii)

by a person who has been convicted of two or more offences of rape or compelled rape, but has not yet been sentenced in respect of such convictions; or

(iii)

under circumstances where the accused knows that the person committing the rape has the acquired immune deficiency syndrome or the human immunodeficiency virus;

(b)

where the victim—

(i)

is a person under the age of 16 years;

(ii)

is a physically disabled person who, due to his or her physical disability, is rendered particularly vulnerable; or

(iii)

is a person who is mentally disabled as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or

(c)

involving the infliction of grievous bodily harm.

Any offence referred to in section 2, 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, when it is proved that the offence has—

(a)

endangered the life or caused serious bodily injury to or the death of, any person, or any number or group of persons;

(b)

caused serious risk to the health or safety of the public or any segment of the public; or

(c)

created a serious public emergency situation or a general insurrection.

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."; and

(b)

the substitution for Part III of the following Part:

'PART III

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 Part I.

Indecent assault on a child under the age of 16 years, involving the infliction of bodily harm.]

Sexual exploitation of a child or sexual exploitation of a person who is mentally disabled as contemplated in section 17 or 23 or using a child for child pornography or using a person who is mentally disabled for pornographic purposes, as contemplated in section 20(1) or 26(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.

Assault with intent to do grievous bodily harm on a child under the age of 16 years.

Any offence in contravention of section 36 of the Arms and Ammunitions Act, 1969 (Act No. 75 of 1969), on account of being in possession of more than 1000 rounds of ammunition intended for firing in an arm contemplated in section 39(2)(a)(i) of that Act.

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.".