Criminal Law (Sexual Offences) Bill [B50-2003]: voting

JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE
10 November 2006
CRIMINAL LAW (SEXUAL OFFENCES) BILL [B50-2003]: VOTING

Chairperson: Ms F Chohan (ANC)

Documents handed out:
Criminal Law (Sexual Offences) Bill [B50-2003]
Criminal Law (Sexual Offences and Related Matters) Amendment Bill [B50B- 2006] as adopted by the Committee
Memorandum on the objects of the Bill
Committee report on the Bill

SUMMARY
The Committee adopted the Bill.

The Committee also considered and adopted its report on the Bill. The Department had been specifically requested to address certain issues. It was asked to embark on further research, including comparative international trends, on criminalising a person's intentional non-disclosure of his or her HIV positive status when engaging in intimate contact with another person. The Department was also requested to raise with the Commissioner of the South African Police Service and the National Director of Public Prosecutions the disparity and perceived discrimination in that clients for sexual services, who were by all accounts mostly men, were not arrested, charged and prosecuted as were the prostitutes. Both officials were asked to revert to the Committee in writing on this aspect.

MINUTES
Adoption of the Criminal Law (Sexual Offences and Related Matters) Amendment Bill
The Chairperson put the motion of desirability of the Bill and the majority of the Committee agreed that the legislation in the form presented to the Committee was desirable.

Mr S Swart (ACDP) reserved his party's position on the Bill. He would indicate if his party was for or against the Bill at a later stage.

Mr L Joubert (DA) said that he had a problem with clause 11. He also did not vote on the Bill.

The Chairperson put the Bill before the Committee for adoption. Mr Swart and Mr Joubert abstained and members of the ANC voted in favour of the Bill.

Adoption of Committee Report
The Chairperson tabled the report on the Bill (See document attached). The report had gone to some lengths to address the procedure followed. Several grammatical changes were made to the report. A separate section of the report outlined the particular provisions requiring special mention.

The Department was asked to embark on further research, including comparative international trends, on the proposal to criminalise a person's intentional non-disclosure of his or her HIV positive status when engaging in intimate contact with another person.

The Committee noted specifically that it had considered the case of S v Jordaan and Others
and wished to raise the question why, in practice, the clients for sexual services, who were by all accounts mostly men, were not arrested, charged and prosecuted for the sale of sexual services along with the prostitutes. Both the Commissioner of the South African Police Service and the National Director of Public Prosecutions were asked to revert to the Committee in writing on this aspect.

The Committee also noted some of the debates around the age of consent and requested the Department to deal with the competing issues set out in the Report.

The Committee had also noted Clause 11, dealing with solicitation of sexual services of a child, and requested the South African Law Reform Commission to look into aspects raised by this Clause.

The Committee further requested a report back from the Department in respect of clauses 19 and 20, as also some aspects of the Schedule. It also made comments on training.

Members adopted the report.

The meeting was adjourned.