Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/38

74 No. 30599

Act No. 32, 2007 other than a person contemplated in subsection (1), is, whether or not the act constitutes an offence at the place of its commission, deemed to have been committed in the Republic if that—

act was committed against a person referred to in paragraphs (a) or (b) of subsection (1);

person is found in the Republic; and

person is, for any reason, not extradited by the Republic or if there is no application to extradite that person.

(3) Any offence committed in a country outside the Republic as contemplated in subsection (1) or (2), is, for purposes of determining the jurisdiction of a court to try the offence, deemed to have been committed—

at the place where the complainant is ordinarily resident; or

at the accused person's principal place of business.

(4) No prosecution may be instituted against a person in terms of this section with respect to conduct which formed the basis of an offence under this Act in respect of which such person has already been convicted or acquitted by a court of another jurisdiction.

(5) The institution of a prosecution in terms of this section must be authorised in writing by the National Director of Public Prosecutions.

National policy framework

62. (1) The Minister must, after consultation with the cabinet members responsible for safety and security, correctional services, social development and health and the National Director of Public Prosecutions, adopt a national policy framework, relating to all matters dealt with in this Act, to—

ensure a uniform and co-ordinated approach by all Government departments and institutions in dealing with matters relating to sexual offences;

guide the implementation, enforcement and administration of this Act; and

enhance the delivery of service as envisaged in this Act by the development of a plan for the progressive realisation of services for victims of sexual offences within available resources.

(2) The Minister must—

within one year after the implementation of this Act, adopt and table the policy framework in Parliament;

publish the policy framework in the Gazette within one month after it has been tabled in Parliament;

review the policy framework within five years after its publication in the Gazette and at least once every five years thereafter; and

amend the policy framework when required, in which case such amendments must be tabled in Parliament and published in the Gazette, as contemplated in paragraph (b).

Establishment of Inter-sectoral Committee

63. (1) There is hereby established a Committee to be known as the Inter-sectoral Committee for the Management of Sexual Offence Matters.

(2) The Committee shall consist of—

the Director-General: Justice and Constitutional Development, who shall be the chairperson of the Committee;

the National Commissioner of the South African Police Service;

the National Commissioner of Correctional Services;

the Director-General: Social Development;

the Director-General: Health; and

the National Director of Public Prosecutions.

(3) The members of the Committee may designate an alternate to attend a meeting of the Committee in their place.

(4) (a) The members of the Committee shall designate one of its members as deputy chairperson of the Committee, and when the chairperson is not available, the deputy chairperson shall act as chairperson.