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94 No. 30599
Government Gazette, 14 December 2007

Act No. 32, 2007
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
No. and year of law Short title Extent of repeal or amendment
Act 68 of 1969 Prescription Act

1. The amendment of section 12—

(a)

by the substitution for subsection (1) of the following subsection:

“(1) Subject to the provisions of subsections (2), [and] (3), and (4), prescription shall commence to run as soon as the debt is due.”; and

(b)

by the addition after subsection (3) of the following subsection:

(4) Prescription shall not commence to run in respect of a debt based on the commission of an alleged sexual offence as contemplated in sections 3, 4, 17, 18(2), 20(1), 23, 24(2), 26(1) and 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, during the time in which the creditor is unable to institute proceedings because of his or her mental or psychological condition.

Act 51 of 1977 Criminal Procedure Act

1. The substitution for section 18 of the following section:

Prescription of right to institute prosecution

18. The right to institute a prosecution for any offence, other than the offences of—

(a)

murder;

(b)

treason committed when the Republic is in a state of war;

(c)

robbery, if aggravating circumstances were present;

(d)

kidnapping;

(e)

child-stealing; [or]

(f)

rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act. 2007. respectively;

(g)

the crime of genocide, crimes against humanity and war crimes, as contemplated in section 4 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002, or

(h)

trafficking in persons for sexual purposes by a person as contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or

(i)

using a child or person who is mentally disabled for pornographic purposes as contemplated in sections 20(1) and 26(1) of