Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/31

60 No. 30599

Act No. 32, 2007 Registrar for a prescribed certificate, whether or not the particulars of such person have been recorded in the Register.

(2) A person who, after the commencement of this Chapter, applies to become a foster parent, kinship care-giver, temporary safe care-giver, an adoptive parent or a curator must disclose that he or she has been convicted of a sexual offence against a child or a person who is mentally disabled or that he or she is alleged to have committed a sexual offence against a child or a person who is mentally disabled and has been dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977.

(3) Any relevant authority or person who intentionally contravenes any provision of this section, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding seven years or to both a fine and such imprisonment.

Contents of Register

49. The Register must—

be established and maintained in the prescribed manner and format;

contain the following particulars of persons referred to in section 50:

The title, full names and surname of the person, including any known alias or nickname and, where applicable, the profession or trade of the person;

the last known physical address of the person, and any other contact details, including a postal address, where applicable;

the identity number, passport number and driver's licence number of the person, where applicable;

the sexual offence against a child or a person who is mentally disabled in respect of which the person has been convicted, the sentence imposed, the date and place of conviction and sentence, as well as the relevant prisoner identification number, where applicable;

the court in which the trial took place and the case number;

the name of the medical institution or medical practitioner of a person and details of the sexual offence allegedly committed by a person who has been dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977; and

any other particulars as may be prescribed by regulation; and

if the conviction and sentence took place in a foreign jurisdiction, contain as far as possible the equivalent information as is contemplated in paragraph (b), as obtained from the relevant country or any other legal source.

Persons whose names must be included in Register and related matters

50. (1) The particulars of the following persons must be included in the Register:

A person who in terms of this Act or any other law—

has been convicted of a sexual offence against a child or a person who is mentally disabled;

is alleged to have committed a sexual offence against a child or a person who is mentally disabled in respect of whom a court, has made a finding and given a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977;

is serving a sentence of imprisonment or who has served a sentence of imprisonment as the result of a conviction for a sexual offence against a child or a person who is mentally disabled; or

has a previous conviction for a sexual offence against a child or a person who is mentally disabled or who has not served a sentence of imprisonment for such offence; and

any person—

who, in any foreign jurisdiction, has been convicted of any offence equivalent to the commission of a sexual offence against a child or a person who is mentally disabled;