Immorality Amendment Act, 1988
To amend the Immorality Act, 1957, so as to rectify certain obsolete expressions; to increase the maximum fines which may be imposed for certain contraventions in terms of the said Act; to extend the prohibition on a parent or guardian from procuring the defilement of his daughter so that it shall apply in respect of all his children, and to create a presumption in this connection; to make other provision in connection with the offence of assistance for the purposes of unlawful carnal intercourse, and the presumption concomitant therewith; to adapt and extend the provisions relating to sexual offences by a male with youths so that they shall also apply to a female; to extend the prohibition of sexual acts with female idiots or imbeciles so that it shall also apply in respect of male idiots or imbeciles; and to make it an offence for a person to have unlawful carnal intercourse, or to commit an act of indecency, with any other person for reward; and to provide for matters connected therewith.
(English text signed by the State President.)
(Assented to 25 February 1988.)
Be it enacted by the State President and the Parliament of the Republic of South Africa, as follows:―
“‘court’ means the court [or jury] before [whom] which the charge is brought;”.
2. Section 8 of the principal Act is hereby amended—
3. Section 9 of the principal Act is hereby amended—
4. Section 12A of the principal Act is hereby amended—
5. The following section is hereby substituted for section 14 of the principal Act:
6. The following section is hereby substituted for section 15 of the principal Act:
7. Section 20 of the principal Act is hereby amended—
8. Section 21 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:
“(4) Whenever in any prosecution for an offence under section 12A it is proved—
the accused shall be presumed to have performed such act [or to have done such thing or to have furnished such information, as the case may be] with intent or while he reasonably ought to have foreseen the possibility that such [female be unlawfully carnally known by such male] other person may have unlawful carnal intercourse, or commit an act of indecency, with such person for reward unless the contrary is proved beyond reasonable doubt.”.
9. Section 22 of the principal Act is hereby amended—
10. The following section is hereby substituted for section 25 of the principal Act.
11. This Act shall be called the Immorality Amendment Act, 1988.