| (1) |
Notwithstanding anything to the contrary in any other law, no court of the Republic shall have jurisdiction to try any member of a visiting force or of a civilian component of such a force for an offence against the person or against property which, in the case of— |
| (a) |
an offence against the person, was committed with or in relation to a person who, at the time of the commission of the offence, was a member of or directly associated with the same or another visiting force of the same country; or |
| (b) |
an offence against property, was committed in relation to the property of the country to which the visiting force belongs or of a member of the same force or another visiting force of the same country or of a person directly associated with any such force, |
or for any offence which arose out of and in the course of the performance of his duties as such a member.
| (2) |
The provisions of subsection (1) shall not apply— |
| (a) |
if the alleged offender, at the time of the commission of the offence, was not subject to the jurisdiction of the military courts of the country to which the visiting force belongs; |
| (b) |
in relation to a member of a civilian component of a visiting force unless the offence in question is also an offence under the law of the country to which the visiting force concerned, belongs; |
| (c) |
in respect of any case in which the competent Attorney-General or the Solicitor-General has certified that he has been notified by the appropriate authority of the country to which the visiting force belongs, that it is not proposed to charge the offender under the law of that country. |
| (3) |
Nothing in subsection (1) shall affect the validity of any trial or of anything done or omitted in the course of a trial unless either before its commencement or during the course thereof, objection was made on the ground that by virtue of that subsection, the court has no jurisdiction to try the offender. |
| (4) |
For the purpose of this section— |
'offence against the person' means—
| (a) |
murder, culpable homicide, assault of whatever nature, rape, criminal injuria, incest, sodomy, procuring abortion, kidnapping, child-stealing; |
[Paragraph (a) substituted by section 33 of Act No. 132 of 1992]
| (b) |
a contravention of section 113 of the General Law Amendment Act, 1935 (Act No. 46 of 1935), section 39(1)(i) of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), section 12(1), 14(1) or (3) or 15 of the Sexual Offences Act, 1957 (Act No. 23 of 1957), section 66 of the Mental Health Act, 1973 (Act No. 18 of 1973), section 50 of the Child Care Act, 1983 (Act No. 74 of 1983), or section 45 of the Liquor Act, 1989, (Act No. 27 of 1989); or |
[Paragraph (b) substituted by section 33 of Act No. 132 of 1992]
| (c) |
any offence relating to— |
| (i) |
the negligent driving of a motor vehicle whereby any person is injured; |
| (ii) |
the procuring or detention of a female for the purpose of unlawful carnal intercourse; or |
| (iii) |
the keeping of a brothel; |
'offence against property' means—
| (a) |
theft whether at common law or as provided by statute, housebreaking with intent to commit a crime, robbery, fraud, forgery and uttering a forged instrument knowing it to be forged, extortion, receiving stolen property knowing it to have been stolen, malicious injury to property; |
| (b) |
any offence relating to the driving of a motor vehicle without the consent of the owner; or |
| (c) |
a contravention of section one of the General Law Amendment Act, 1956 (Act No. 50 of 1956). |
| (5) |
Any reference to an offence mentioned in sub-section (4) shall be deemed to include a reference to— |
| (a) |
an attempt to commit that offence; |
| (b) |
a conspiracy to aid or procure the commission of or to commit that offence; |
| (c) |
an incitement or instigation, or a command or procurement to commit that offence; or |
| (d) |
being accessory to the commission of that offence. |
Housing Development Agency Act, 2008
