Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/27

52 No. 30599

Act No. 32, 2007 any person, organisation, institution, club, sports club, association or body who or which, as the case may be—

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

owns, manages, operates, has any business or economic interest in or is in any manner responsible for, or participates or assists in the management or operation of any entity or business concern or trade relating to the supervision over or care of a child or a person who is mentally disabled or working with or who gains access to a child or a person who is mentally disabled or places where children or persons who are mentally disabled are present or congregate,

and “employ”, “employing”, “employed” and “employment relationship” have corresponding meanings;

“licensing authority” means any authority which is responsible for granting licences or approving the management or operation of any entity, business concern or trade relating to the supervision over or care of a child or a person who is mentally disabled;

“Register” means the National Register for Sex Offenders established under section 42(1);

“Registrar” means the Registrar of the National Register for Sex Offenders contemplated in section 42(2); and

“relevant authority” means any—

department of state or administration in the national or provincial sphere of government or any municipality in the local sphere erf 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 is tasked with considering applications from prospective foster parents, kinship care-givers, temporary safe care-givers, adoptive parents or curators.

Prohibition on certain types of employment by certain persons who have committed sexual offences against children and persons who are mentally disabled

41. (1) A person who has been convicted of the commission of a sexual offence against a child or is alleged to have committed a sexual offence against a child and has been dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, whether committed before or after the commencement of this Chapter, whether committed in or outside the Republic, and whose particulars have been included in the Register, may not—

be employed to work with a child in any circumstances;

hold any position, related to his or her employment, or for any commercial benefit which in any manner places him or her in any position of authority, supervision or care of a child, or which, in any other manner, places him or her in a position of authority, supervision or care of a child or where he or she gains access to a child or places where children are present or congregate;