Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/26

50 No. 30599

Act No. 32, 2007

Any person who with malicious intent or who in a grossly negligent manner discloses the results of any HIV tests in contravention of section 37, is guilty of an offence and is liable to a fine or to imprisonment for a period not exceeding three years.

The institution of a prosecution for an offence referred to in paragraph (a) or (b) must be authorised in writing by the relevant Director of Public Prosecutions.

(2) An alleged offender who, in any manner whatsoever, fails or refuses to comply with or avoids compliance with, or deliberately frustrates any attempt to serve on himself or herself, an order of court that he or she be tested for HIV, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding three years.

Regulations

39. (1) The Minister, after consultation with the cabinet members responsible for safety and security and health, may make regulations regarding—

any form required to be prescribed in terms of this Chapter;

any matter necessary or required to be prescribed in terms of this Chapter; and

any other matter the Minister deems to be necessary or expedient to achieve the objects of this Chapter.

(2) Any regulation made in terms of subsection (1) must be—

submitted to Parliament at least 30 days before publication in the Gazette; and

made after consultation with the cabinet members responsible for safety and security and health, except for the matter prescribed in section 35, which must be made in consultation with the cabinet member responsible for safety and security.

Definitions

40. For purposes of this Chapter, and unless the context indicates otherwise—

“certificate” means a certificate contemplated in section 44;

“employee” means—

any person who applies to work for or works for an employer, and who receives, or is entitled to receive, any remuneration, reward, favour or benefit; or

any person, other than a person contemplated in (a), who in any manner applies to assist or assists in carrying on or conducting the business of an employer, whether or not he or she is entitled to receive any remuneration, reward, favour or benefit;

“employer” means—

any—

department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or

other functionary or institution when exercising a power or performing a duty in terms of the Constitution of the Republic of South Africa, 1996, or a provincial constitution or exercising a public power or performing a public function in terms of any legislation,

which—

employs employees who, in any manner and during the course of their employment, will be placed in a position to work with a child or in a position of authority, supervision or care of a child or will gain access to a child or places where children are present or congregate; or

employs employees who, in any manner and during the course of their employment, will be placed in a position to work with a person who is mentally disabled or in a position of authority, supervision or care of a person who is mentally disabled or will gain access to a person who is mentally disabled or places where persons who are mentally disabled are present or congregate; or