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

Chapter 7 : General Provisions

Part 1: Miscellaneous offences: Obligation to report commission of sexual offences against vulnerable persons and attempt, conspiracy, incitement or inducing another person to commit sexual offence

54. Obligation to report commission of sexual offences against persons who are vulnerable

[Heading substituted by section 26 and 30(f) 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]

 

(1) A person who has knowledge, reasonable belief or suspician that a sexual offence has been committed against a person who is vulnerable as defined in section 40 must report such knowledge, reasonable belief or suspician immediately to a police official.

 

(2)

(a) A person who fails to report such knowledge, reasonable belief or suspicion as contemplated in subsection (1), is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

(b) A person who in good faith reports such reasonable belief or suspicion shall not be liable to any civil or criminal proceedings by reason of making such report.

 

[Section 54 substituted by section 26 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]