Articles

New Acts related to GBV signed into law

28 Jan 2022

President Cyril Ramaphosa has signed into law legislation aimed at strengthening efforts to end gender-based violence, with a victim-centred focus on combating this dehumanising pandemic. The President has assented to the Criminal and Related Matters Amendment Act 12 of 2021, the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act 13 of 2021 and the Domestic Violence Amendment Act 14 of 2021.

The purpose of the Criminal and Related Matters Amendment Act, 2021 (Act 12 of 2021) is to amend—

• the Magistrates’ Courts Act, 1944, so as to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; the oath and competency of intermediaries; and the giving of evidence through audiovisual link in proceedings other than criminal proceedings;
• the Criminal Procedure Act, 1977, so as to further regulate the granting and cancellation of bail; the giving of evidence by means of closed circuit television or similar electronic media; the giving of evidence by a witness with physical, psychological or mental disability; the appointment, oath and competency of intermediaries; and the right of a complainant in a domestic related offence to participate in parole proceedings;
• the Criminal Law Amendment Act, 1997, so as to further regulate sentences in respect of offences that have been committed against vulnerable persons; and
• the Superior Courts Act, 2013, so as to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; the oath and competency of intermediaries; and the giving of evidence through audiovisual link in proceedings other than criminal proceedings, and to provide for matters connected therewith.

The purpose of the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021 (Act 13 of 2021) is to amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, so as to—

• extend the ambit of the offence of incest;
• introduce a new offence of sexual intimidation;
• substitute the phrase ‘‘a person who is mentally disabled’’or ‘‘persons who are mentally disabled’’ wherever the phrase appears with the phrase ‘‘a person with a mental disability’’ or ‘‘persons with mental disabilities’’;
• further regulate the inclusion of particulars of persons in the National Register for Sex Offenders;
• extend the list of persons who are to be protected in terms of Chapter 6 of the Act;
• extend the list of persons who are entitled to submit applications to the Registrar of the National Register for Sex Offenders;
• further regulate the removal of particulars of persons from the National Register for Sex Offenders; and
• further regulate the reporting duty of persons who are aware that sexual offences have been committed against persons who are vulnerable, and to provide for matters connected therewith.
  

The purpose Domestic Violence Amendment Act, 2021 (Act 14 of 2021) is to amend the Domestic Violence Act, 1998, so as to—

• amend and insert certain definitions;
• further provide for the manner in which acts of domestic violence and matters related thereto, must be dealt with;
• further regulate protection orders in response to acts of domestic violence;
• amend provisions of certain laws; and
• provide for matters connected therewith.