(1)
| (a) |
Within 90 days after the alleged commission of a sexual offence any victim or any interested person on behalf of a victim, may apply to a magistrate, in the prescribed form, for an order that— |
| (i) |
the alleged offender be tested for HIV and that the results thereof be disclosed to the victim or interested person, as the case may be, and to the alleged offender; or |
| (ii) |
the HIV test results in respect of the alleged offender, obtained on application by a police official as contemplated in section 32, be disclosed to the victim or interested person, as the case may be. |
| (b) |
If the application is brought by an interested person, such application must be brought with the written consent of the victim, unless the victim is— |
| (i) |
under the age of 14 years; |
[Section 30(1)(b)(ii) substituted by section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
| (iv) |
a person in respect of whom a curator has been appointed in terms of an order of court; or |
| (v) |
a person whom the magistrate is satisfied is unable to provide the required consent. |
(2)
| (a) |
Every application must— |
| (i) |
state that a sexual offence was committed against the victim by the alleged offender; |
| (ii) |
confirm that the alleged offence has been reported as contemplated in section 28(2); |
| (iii) |
state that the victim may have been exposed to the risk of being infected with HIV as a result of the alleged sexual offence; |
| (iv) |
if it is brought by an interested person, state the nature of the relationship between the interested person and the victim, and if the interested person is not the spouse, same sex or heterosexual permanent life partner or a parent of the victim, the reason why the application is being made by such interested person; and |
| (v) |
state that less than 90 days have elapsed from the date on which it is alleged that the offence in question took place. |
| (b) |
The matters referred to in paragraph (a) must be verified by the victim or the interested person, as the case may be, by affidavit or solemn declaration. |
| (3) |
The application must be made as soon as possible after a charge has been laid, and may be made before or after an arrest has been effected. |
| (4) |
The application must be handed to the investigating officer, who must, as soon as is reasonably practicable, submit the application to a magistrate of the magisterial district in which the sexual offence is alleged to have occurred. |
[Date of commencement of section 30: 21 March 2008]
Stamp Duties Act, 1968 (Act 77 of 1968)
