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

Chapter 5 : Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Sex Offenders

Part 5: Miscellaneous

37. Confidentiality of HIV test results obtained

 

(1) The results of the HIV tests performed on an alleged offender in terms of this Chapter may, subject to subsection (2), be communicated only to—
(a) the victim or the interested person referred to in section 30;
(b) the alleged offender; and
(c) the investigating officer and, where applicable, to—
(i) a prosecutor if the alleged offender is tested as contemplated in section 32; or
(ii) any other person who needs to know the test results for purposes of any civil proceedings or an order of a court.

 

(2) A presiding officer, in any proceedings contemplated in this Chapter or in any ensuing criminal or civil proceedings, may make any order he or she deems appropriate in order to give effect to this section, including the manner in which such results are to be kept confidential and the manner in which the court record in question is to be dealt  with.

 

[Date of commencement of section 37: 21 March 2008]