Page:Immorality Amendment Act 1988.djvu/2



'''GENERAL EXPLANATORY NOTE

To amend the Immorality Act, 1957, so as to rectify certain obsolete expressions; to increase the maximum fines which may be imposed for certain contraventions in terms of the said Act; to extend the prohibition on a parent or guardian from procuring the defilement of his daughter so that it shall apply in respect of all his children, and to create a presumption in this connection; to make other provision in connection with the offence of assistance for the purposes of unlawful carnal intercourse, and the presumption concomitant therewith; to adapt and extend the provisions relating to sexual offences by a male with youths so that they shall also apply to a female; to extend the prohibition of sexual acts with female idiots or imbeciles so that it shall also apply in respect of male idiots or imbeciles; and to make it an offence for a person to have unlawful carnal intercourse, or to commit an act of indecency, with any other person for reward; and to provide for matters connected therewith.

(English text signed by the State President.) (Assented to 25 February 1988.)

E IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:―

1. Section 1 of the Immorality Act, 1957 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the definition of “court” of the following definition: “‘court’ means the court [or jury] before [whom] which the charge is brought;”.

2. Section 8 of the principal Act is hereby amended—

by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: “If it appears to any magistrate on sworn information laid before him by not less than two householders of good repute that any house or place in the vicinity of the dwellings of such householders is being kept or used as a brothel or on similar information upon oath laid before him by any police officer not below the rank of sergeant, or by a welfare officer employed by [the Department of Social Welfare] a department of State responsible for Health and Welfare, a local authority or a welfare organization registered under the [Welfare Organizations Act, 1947 (Act No. 40 of 1947)] National Welfare Act, 1978 (Act No. 100 of 1978) , the magistrate may—”;