Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)RegulationsRegulations Relating to Sexual Offences Courts 2020Chapter I : Definitions and Application1. Definitions |
In these Regulations any word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context otherwise indicates—
"Constitution"
means the Constitution of the Republic of South Africa, 1996;
"court preparation officer"
means the incumbent of a post—
(a) | of court preparation officer; and |
(b) | where applicable, court preparation manager, |
as created on the establishment of the National Prosecuting Authority;
"court preparation programme"
means the court preparation programme referred to in regulation 15;
"Criminal Procedure Act"
means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
"court supporter"
means a person employed by a nonprofit organisation, registered in terms of the Nonprofit Organisations Act, 1997 (Act No. 71 of 1997), accountable to the Provincial and Local Departments of Social Development and rendering a voluntary service to complainants and witnesses in sexual offence cases as contemplated in regulation 19;
"designated court"
means a sexual offences court established by designation by the Minister in terms of section 55A(1) of the Act;
"intermediary"
means a person appointed in terms of section 170A(1) of the Criminal Procedure Act;
Legal Aid South Africa Act"
means the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014);
"National Prosecuting Authority"
means the national prosecuting authority contemplated in section 179 of the Constitution;
"older person"
means an older person as defined in section 1 of the Older Persons Act, 2006 (Act No. 13 of 2006);
"prosecutor"
means a prosecutor in a sexual offence case;
"sexual offence"
means any offence referred to in the definition of "sexual offences court" in section 1 of the Act;
"social worker"
means a person registered as a social worker under section 17 of the Social Service Professions Act, 1978 (Act No. 110 of 1978);
"Thuthuzela Care Centres"
means the multi-disciplinary one-stop centres for rape care management, as well as other sexual offences, established by the National Prosecuting Authority and supported by relevant stakeholders;
"the Act"
means the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007);
"victim assistance officer"
means the incumbent of a post of victim assistance officer as created on the establishment of the National Prosecuting Authority and attached to a Thuthuzela Care Centre;
"victim impact report"
means a report by a social worker containing an assessment of the effects of a sexual offence on the complainant;
"victim impact statement"
means a voluntary written statement, facilitated by the court preparation officer or the victim assistance officer, by—
(a) | a complainant; |
(b) | a person who is by law authorised to make a statement on behalf of a complainant; |
(c) | a relative of the complainant authorised by the complainant; or |
(d) | any other person authorised by the complainant, |
regarding the emotional, physical, psychological, economical or any other effect of the sexual offence on him or her; and
"witness"
means a witness for the State in a sexual offence case, excluding a complainant.