(1)
| (a) |
A court may, on its own accord or at the request of the victim of trafficking or the prosecutor, in addition to any sentence which it may impose in respect of any offence under Chapter 2, order a person convicted of that offence to pay appropriate compensation to any victim of the offence for— |
| (i) |
damage to or the loss or destruction of property, including money; |
| (ii) |
physical, psychological or other injury; |
| (iii) |
being infected with a life-threatening disease; or |
| (iv) |
loss of income or support, |
suffered by the victim as a result of the commission of that offence, whereafter the provisions of section 300(1)(a), (2), (3) and (4) of the Criminal Procedure Act apply with the necessary changes required by the context with regard to an order made under this section.
| (b) |
Appropriate compensation includes expenses reasonably expected to be incurred in relation to the matters referred to in paragraph (a)(i) to (iv). |
| (2) |
In cases where the amount of the damage, injury or loss suffered exceeds an order for compensation which can be made by a magistrate’s court in terms of subsection (1), a civil action may be instituted by the victim for the recovery of the excess. |
Intellectual Property Rights from Publicly Financed Research and
