Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/39

76 No. 30599

Act No. 32, 2007 (b) If neither the chairperson nor deputy chairperson is available, the members present at a meeting shall elect a person from their own ranks to preside at that meeting.

Meetings of Committee

64. (1) The Committee shall meet at least twice every year and meetings shall be held at a time and place determined by the chairperson.

(2) The procedure, including the manner in which decisions shall be taken, to be followed at meetings of the Committee and the manner in which the Committee shall conduct its affairs shall be determined by the Committee.

(3) The Committee shall report in writing on every meeting to the Minister within one month of such meeting.

Responsibilities, functions and duties of Committee

65. (1) The Committee shall be responsible for developing and compiling a draft national policy framework, as contemplated in section 62(1), which must include guidelines for—

the implementation of the priorities and strategies contained in the national policy framework;

measuring progress on the achievement of the national policy framework objectives;

ensuring that the different organs of state comply with the primary and supporting roles and responsibilities allocated to them in terms of the national policy framework and this Act; and

monitoring the implementation of the national policy framework and of this Act.

(2) The Committee may make recommendations to the Minister with regard to the amendment of the national policy framework.

(3) 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—

within one year after the implementation of this Act, submit reports to Parliament, by each Department or institution contemplated in section 63(2), on the implementation of this Act; and

every year thereafter submit such reports to Parliament.

National instructions and directives

66. (1) (a) The National Commissioner of the South African Police Service must, in consultation with the Minister of Safety and Security and after consultation with the Minister, the National Director or Public Prosecutions, the National Commissioner of Correctional Services and the Directors-General: Health and Social Development, issue and publish in the Gazette national instructions regarding all matters which are reasonably necessary or expedient to be provided for and which must be followed by all police officials who are tasked with receiving reports of and the investigation of sexual offence cases, in order to achieve the objects of this Act as set out in section 2 and the Preamble, particularly those objects which have a bearing on complainants of such offences, including the following:

The manner in which the reporting of an alleged sexual offence is to be dealt with by police officials;

the manner in which sexual offence cases are to be investigated by police officials, including the circumstances in which an investigation in respect of a sexual offence may be discontinued;

the circumstances in which and the relevant sexual offence or offence in respect of which a police official may apply for the HIV testing of an alleged offender as contemplated in section 33;