ATC120530: Report on Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B19 – 2012], dated 30 May 2012

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Constitutional Development on the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B19 – 2012], dated 30 May 2012

Report of the Portfolio Committee on Justice and Constitutional Development on the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B19 – 2012], dated 30 May 2012

The Portfolio Committee on Justice and Constitutional Development, having considered the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B19 – 2012], reports the Bill as follows:

1. On 11 May 2012, the Western Cape High Court, in the case of Director of Public Prosecutions, Western Cape v Arnold Prins (case number A 134/08) declared that although the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, sets out what constitutes crimes, it does not prescribe penalties in some instances.

 

2. The implications of the decision for the successful prosecution of the affected sexual offences are alarming: the judgement not only brings into question previous convictions in terms of the affected provisions but also prevents the prosecution of these offences now.

 

3. Although the Committee is informed that the National Prosecuting Authority has sought, and been granted, leave to appeal, it is of the view that it is necessary in the meantime to promote legislative amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, to expressly provide that the imposition of penalties in respect of certain offences contained in the Act is left to the courts’ discretion.

 

4. On 24 May 2012, the National Assembly instructed the Committee to initiate the necessary legislation and, in addition, given the urgency of introducing the Bill granted permission for an expedited process, in particular the suspension of the requirements of prior notice and publication.

 

5. The Committee called for and received written submissions by 28 May 2012. The Committee notes objections to the contents of the proposed section 56A (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. The proposed section 56A (2) is already contained in section 56(7) of the Act and, therefore, is not a new amendment: the nature of the related proposed amendment is purely technical. The Committee is of the view that it is not in a position to consider the merits of these objections at this stage.

 

6. Since the Bill has been promoted as a matter of urgency, the Committee has not taken a final decision in respect of introducing specific penalties for those offences to which specific penalties are not affixed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. The Committee requests the Minister to report to Parliament within twelve months of the adoption of this report on the desirability and feasibility of introducing specific penalties for each of the offences for which no specific penalties are provided for in the Act.

 

7. The Committee reports that it has introduced the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill by submitting a copy to the Speaker.

 

Report to be considered.