| (1) |
An application by a victim or interested person contemplated in section 30 of the Act must correspond substantially with Form 2 in Annexure A. |
| (2) |
The investigating officer must— |
| (a) |
place the application referred to in subregulation (1) in a sealed envelope marked "Confidential/Vertroulik", reflecting— |
| (i) |
the words "Application by victim or interested person for HIV testing of alleged offender" or "Application by victim or interested person to access HIV test result already obtained by investigating officer", as the case may be; and |
| (ii) |
the case number, name, rank and force number of the investigating officer; and |
| (b) |
lodge it with the clerk of the court as soon as is reasonably practicable, but not later than two working days, after the application has been handed to the investigating officer. |
(3)
| (a) |
The clerk of the court must keep a register for applications contemplated in sections 30 and 32 of the Act in which the case number, name, rank and force number of the investigating officer, whether oral evidence has been led or further affidavits have been filed, and the date of the order by the magistrate must be reflected. |
| (b) |
The clerk of the court must put the sealed application in a file, marked "Confidential/Vertroulik", reflecting— |
| (i) |
the words "Application by victim or interested person for HIV testing of alleged offender" or "Application by victim or interested person to access HIV test result already obtained by investigating officer", as the case may be; and |
| (ii) |
the case number, name, rank and force number of the investigating officer, |
and submit it forthwith to a magistrate for consideration.
| (4) |
The head of the office must put administrative measures in place to ensure the safekeeping of the register and the files referred to in subregulation (3). |
Mandating Procedures of Provinces Act, 2008
