| (1) |
An application by an investigating officer contemplated in section 32 of the Act must correspond substantially with Form 5 in Annexure A. |
| (2) |
The investigating officer must place the application referred to in subregulation (1) in a sealed envelope, marked "Confidential/Vertroulik", reflecting— |
| (a) |
the words "Application by investigating officer for HIV testing of alleged offender" or "Application by investigating officer to access HIV test result already obtained by victim or interested person", as the case may be; and |
| (b) |
the case number, name, rank and force number of the investigating officer, |
and must lodge it with the clerk of the court as soon as is reasonably practicable after a charge has been laid in respect of an alleged sexual offence or offence as defined in section 27 of the Act.
(3)
| (a) |
The clerk of the court must record the case number and name, rank and force number of the investigating officer in the register referred to in regulation 3(3)(a) of the Regulations. |
| (b) |
The clerk of the court must put the sealed application in a file, marked "Confidential/Vertroulik, reflecting— |
| (i) |
the words "Application by investigating officer for HIV testing of alleged offender" or "Application by investigating officer to access HIV test result already obtained by victim or interested person", 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 files referred to in subregulation (3). |
| (5) |
The order by the magistrate contemplated in section 32(3) of the Act must correspond substantially with Form 6 in Annexure A. |
| (a) |
place the signed order referred to in subregulation (5) 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 subregulation (3)(b), to the clerk of the court. |
| (7) |
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 subregulation (3)(b). |
| (8) |
If an order is granted— |
| (a) |
for the compulsory HIV testing of the alleged offender, as contemplated in section 32(3) of the Act, the investigating officer must— |
| (i) |
as soon as is reasonably practicable or within the period determined by the magistrate 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 ensure the safekeeping of one record of the test results, as contemplated in regulation 9; and |
| (iii) |
hand the second sealed record of the test results, as contemplated in section 33(1)(e)(ii) of the Act, to the alleged offender together with a notice which must correspond substantially with Form 8 in Annexure A; or |
| (b) |
for the HIV test results in respect of an alleged offender, already obtained on application by the victim or interested person, as the case may, as contemplated in section 32(3) of the Act, to be disclosed to the investigating officer, he or she must— |
| (i) |
as soon as is reasonably practicable or within the period determined by the magistrate 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; and |
| (ii) |
acknowledge receipt of the sealed record of the test results and ensure the safekeeping of that test result, as contemplated in regulation 9. |
Mandating Procedures of Provinces Act, 2008
