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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Determinations

Determination of Persons or Category or Class of Persons who are Competent to be Appointed as Intermediaries: Criminal Procedure Act, 1977

Notice No. R. 2418 of 2022

 

Notice No. R. 2418

26 August 2022

GG 46795

 

Department of Justice and Constitutional Development

 

I, Ronald Ozzy Lamola, Minister of Justice and Correctional Services, hereby determine under the powers vested in me by section 170A(4)(a) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), that:

 

1. The following categories or classes of persons are competent to be appointed as intermediaries:
(a) Medical practitioners who are registered in terms of section 17 of the Health Professions Act, 1974 (Act No. 56 of 1974), against whose names the speciality of paediatrics or psychiatry is registered.
(b) General practitioners and family physicians who are registered in terms of section 17 of the Health Professions Act, 1974 (Act No. 56 of 1974), and have at least three years of experience in working as qualified medical practitioners.
(c) Occupational therapists, speech therapists, audiologists, physiotherapists and art therapists who are registered in terms of section 17 of the Health Professions Act, 1974 (Act No. 56 of 1974), and have at least three years of experience in working as qualified therapists or audiologists.
(d) Clinical, counselling or educational psychologists who are registered in terms of section 17 of the Health Professions Act, 1974 (Act No. 56 of 1974), and have at least two years of experience in working as qualified psychologists.
(e) Professional nurses who are registered in terms of section 31 of the Nursing Act, 2005 (Act No. 33 of 2005), who have worked for at least three years in a psychiatric or a paediatric ward in a hospital as qualified nurses, including former or retired professional nurses whose names have not been removed from the register in terms of section 44(1) of the Nursing Act, 2005.
(f) Family counsellors who are appointed under section 3(1) of the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), and who fall under any of the categories or classes of persons referred to in this section.
(g) Social workers and retired social workers who are registered in terms of section 17 of the Social Service Professions Act, 1978 (Act No. 110 of 1978), and have at least two years of experience in working as qualified social workers.
(h) Educators as defined in section (1) of the South African Schools Act, 1996 (Act No. 84 of 1996), who—
(i) have obtained a minimum post Matriculation teacher's education qualification of three years at a recognised tertiary educational institution;
(ii) have at least three years of experience in working as qualified teachers; and
(iii) are registered in terms of section 21of the South African Council for Educators Act, 2000 (Act No. 31 of 2000),

including former or retired educators, who comply with subparagraphs (i) and (ii), and whose names have not been removed from the register in terms of section 23(1) of the South African Council for Educators Act, 2000.

(i) Early childhood development practitioners, who—
(i) have obtained an education qualification referred to in paragraph (h), or a post Matriculation education qualification in early childhood development, accredited by the South African Qualifications Authority;
(ii) have at least 10 years of experience in working as early childhood development practitioners; and
(iii) are employed by an early childhood development centre which is duly registered with the relevant government department.
(j) Child and youth care workers who—
(i) have obtained a minimum post-matriculation education qualification of three years at a recognised tertiary educational institution in child and youth care;
(ii) have at least three years of experience in working as child and youth care workers; and
(iii) are registered in terms of section 18A of the Social Service Professions Act, 1978 (Act No. 110 of 1978).
(k) Community trauma counsellors who—
(i) are employed by a Non-Governmental Organisation;
(ii) have received training in trauma counselling; and
(iii) have at least 10 years of experience in working as trauma counsellors.

 

2. A person who falls under any of the categories or classes of persons referred to in section 1, and whose name appears in the register contemplated by section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), is not competent to be appointed as an intermediary.

 

3. Government Notice No. R. 663 of 14 July 2017 is hereby repealed.

 

 

RO Lamola, MP

Minister of Justice and Correctional Services