Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/42

82 No. 30599

Act No. 32, 2007 (5) (a) The training courses contemplated in this section must be tabled in Parliament within six months after the commencement of this Act.

(b) The cabinet members responsible for safety and security, the administration of justice and health must, within a year after the commencement of this Act and every 12 months thereafter, table a report in Parliament relating to the implementation of the training courses.

(c) Any new or amended training courses developed under this section must be tabled in Parliament within 14 days of the finalisation thereof.

Regulations

67. The Minister, after consultation with the cabinet members responsible for safety and security, correctional services, social development and health and the National Director of Public Prosecutions, may make regulations regarding—

any matter which is required or permitted by this Act to be prescribed by regulation;

the inter-sectoral implementation of this Act; and

any other matter which is necessary or expedient to be prescribed in order to achieve or promote the objects of this Act.

Repeal and amendment of laws

68. (1) The common law relating to the—

irrebuttable presumption that a female person under the age of 12 years is incapable of consenting to sexual intercourse; and

crimes of rape, indecent assault, incest, bestiality and violation of a corpse, insofar as it relates to the commission of a sexual act with a corpse,

is hereby repealed.

(2) The laws specified in the Schedule are repealed or amended to the extent indicated in the third column of that Schedule.

Transitional provisions

69. (1) All criminal proceedings relating to the common law crimes referred to in section 68(1)(b) which were instituted prior to the commencement of this Act and which are not concluded before the commencement of this Act must be continued and concluded in all respects as if this Act had not been passed.

(2) An investigation or prosecution or other legal proceedings in respect of conduct which would have constituted one of the common law crimes referred to in section 68(1)(b) which was initiated before the commencement of this Act may be concluded, instituted and continued as if this Act had not been passed.

(3) Despite the repeal or amendment of any provision of any law by this Act, such provision, for purposes of the disposal of any investigation, prosecution or any criminal or legal proceedings contemplated in subsection (1) or (2), remains in force as if such provision had not been repealed or amended.

Application and interpretation

70. (1) Pending the adoption of legislation in compliance with the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Trans-National Organized Crime (signed on 14 December 2000) and the repeal of this Part, the transitional provisions in this Part relating to the trafficking in persons for sexual purposes are provisionally provided for in partial compliance of our international obligations and to deal with this rapidly growing phenomena globally.

(2) For purposes of this Part—