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

Regulations

Regulations Relating to Sexual Offences Courts 2020

Chapter I : Definitions and Application

1. 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.