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

Regulations

Criminal Law (Sexual Offences and Related Matters) Regulations

Part I : Regulations on Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Sex Offenders under Section 39 of the Act

5. Order by magistrate for HIV testing in terms of section 31 of the Act

 

(1) The order by the magistrate contemplated in section 31(3) of the Act must correspond substantially with Form 3 in Annexure A.

 

(2) The magistrate must—
(a) place the signed order referred to in subregulation (1) in a sealed envelope, marked "Confidential/'Vertroulik", reflecting the case number, name, rank and force number of the investigating officer; and
(b) hand the order together with the file referred to in regulation 3(3)(b) to the clerk of the court.

 

(3) The clerk of the court must hand the sealed order to the investigating officer who must acknowledge receipt thereof on the file referred to in regulation 3(3)(b).

 

(4) If an order is granted—
(a) for the compulsory HIV testing of the alleged offender, as contemplated in section 31(3)(i) of the Act, the investigating officer must as soon as is reasonably practicable or within the period determined by the magistrate—
(i) hand a notice to the alleged offender which must correspond substantially with Form 4 in Annexure A, and follow the procedure referred to in section 33(1)(a) to (c) of the Act;
(ii) acknowledge receipt of the duplicate sealed records of the test results referred to in section 33(1)(d)(iii) of the Act; and
(iii) hand one of the sealed records of the test results, together with a notice containing information on the confidentiality of and how to deal with the test results in a form which must correspond substantially with Form 8 in Annexure A, to the victim or interested person, as the case may be, and to the alleged offender each; or
(b) for the HIV test results in respect of the alleged offender, already obtained on application by an investigating officer as contemplated in section 32 of the Act, to be disclosed to the victim or interested person, as the Case may be, the investigating officer must as soon as is reasonably practicable or within the period determined by the magistrate—
(i) hand the order to the head of the health establishment or person contemplated in section 33(1)(d) of the Act, who must hand the sealed record of the test results contemplated in section 33(1)(d)(iv) of the Act to the investigating officer;
(ii) acknowledge receipt of the sealed record of the test results handed to him or her; and
(iii) hand the sealed record of the test results together with a notice containing information on the confidentiality of and how to deal with the test results in a form which must correspond substantially with Form 8 in Annexure A, to the victim or interested person, as the case may.

 

(5) The victim or interested person, as the case may be, and the alleged offender must acknowledge receipt of the test results handed to him or her in terms of subregulation (4).