2 No.

45823 GOVERNMENT GAZETTE, 28 JANuARy 2022

Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from

existing enactments.
Words underlined with a solid line indicate insertions in
existing enactments.

(English text signed by the President)

(Assented to 25 January 2022)

ACT
To amend the Criminal Law (Sexual Offences and Related Matters) Amendment
Act, 2007, so as to—

x extend the ambit of the offence of incest;

x introduce a new offence of sexual intimidation;
x substitute the phrase ‘‘a person who is mentally disabled’’ or ‘‘persons who are
mentally disabled’’ wherever the phrase appears with the phrase ‘‘a person
with a mental disability’’ or ‘‘persons with mental disabilities’’;
x further regulate the inclusion of particulars of persons in the National
Register for Sex Offenders;
x extend the list of persons who are to be protected in terms of Chapter 6 of the
Act;
x extend the list of persons who are entitled to submit applications to the
Registrar of the National Register for Sex Offenders;
x further regulate the removal of particulars of persons from the National
Register for Sex Offenders; and
x further regulate the reporting duty of persons who are aware that sexual
offences have been committed against persons who are vulnerable,
and to provide for matters connected therewith.

P ARLIAMENT of the Republic of South Africa enacts, as follows:—

Amendment of section 1 of Act 32 of 2007, as amended by section 48 of Act 7 of

2013, section 1 of Act 5 of 2015 and section 35 of Act 8 of 2017

1. Section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment 5
Act, 2007 (hereafter referred to as the ‘‘principal Act’’), is hereby amended—
(a) by the substitution of the deſnition of ‘‘care giver’’ of the following
deſnition:
‘‘ ‘care giver’ means any person who, in relation to a person [who is
mentally disabled] with a mental disability, takes responsibility for 10
meeting the daily needs of or is in substantial contact with such person;’’;
(b) by the substitution for the words preceding paragraph (a) of the deſnition of
‘‘person who is mentally disabled’’ of the following words:
‘‘ ‘person [who is mentally disabled] with a mental disability’ means
a person affected by any mental disability, including any disorder or 15

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 4 No. 45823 GOVERNMENT GAZETTE, 28 JANuARy 2022

Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

disability of the mind, to the extent that he or she, at the time of the
alleged commission of the offence in question, was—’’; and
(c) by the substitution for subparagraph (v) of subsection (3)(d) of the following
subparagraph:
‘‘(v) a person [who is mentally disabled] with a mental disability.’’. 5

Amendment of section 2 of Act 32 of 2007

2. Section 2 of the principal Act is hereby amended by the substitution for paragraph
(g) of the following paragraph:
‘‘(g) establishing a National Register for Sex Offenders in order to establish a
record of persons who are or have been convicted of any ‘sexual offences’ 10
[sexual offences against children and persons who are mentally
disabled] , as deſned in section 40, so as to prohibit such persons from being
employed in a manner that places them in a position to work with or have
[access to or] authority or supervision over or care of [children or persons
who are mentally disabled] persons who are vulnerable.’’. 15

Amendment of section 5 of Act 32 of 2007

3. Section 5 of the principal Act is hereby amended by the deletion of subsection (2).

Amendment of section 12 of Act 32 of 2007

4. Section 12 of the principal Act is hereby amended by the substitution for subsection
(1) of the following subsection: 20
‘‘(1) Persons who may not lawfully marry each other on account of
consanguinity, affinity or an adoptive relationship and who unlawfully and
intentionally engage in an act of—
(a) sexual penetration with each other; or
(b) sexual violation with each other where one of them is a child, and the act of 25
sexual violation was of such a nature that it was reprehensible for the adult
person to have acted in that manner under the circumstances concerned,
are, despite their mutual consent to engage in such act, guilty of the offence of
incest.’’.

Insertion of new Part in Act 32 of 2007 30

5. The following Part is hereby inserted after Part 4 of Chapter 2 of the principal Act:

‘‘Part 5

Sexual intimidation

Sexual intimidation

14A. A person (‘A’) who unlawfully and intentionally utters or 35

conveys a threat to a complainant (‘B’) that inspires a reasonable belief
of imminent harm in B that a sexual offence will be committed against B,
or a third party (‘C’) who is a member of the family of B or any other
person in a close relationship with B, is guilty of the offence of sexual
intimidation and may be liable on conviction to the punishment to which 40
a person convicted of actually committing a sexual offence would be
liable.’’.

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 6 No. 45823 GOVERNMENT GAZETTE, 28 JANuARy 2022

Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

Substitution of heading to Act 32 of 2007

6. The heading for Chapter 4 of the principal Act is hereby substituted of the following
heading:

‘‘SEXUAL OFFENCES AGAINST PERSONS

[WHO ARE MENTALLY DISABLED] 5
WITH MENTAL DISABILITIES

Sexual exploitation and sexual grooming of, exposure or display of

or causing exposure or display of child pornography or pornography
to persons [who are mentally disabled] with mental disabilities and
using persons [who are mentally disabled] with mental disabilities 10
for pornographic purposes or beneſting therefrom’’.

Substitution of section 23 of Act 32 of 2007, as substituted by section 3 of Act 6 of

2012

7. Section 23 of the principal Act is hereby substituted by the following section:

‘‘Sexual exploitation of persons [who are mentally disabled] with 15

mental disabilities

23. (1) A person (‘A’) who unlawfully and intentionally engages the
services of a complainant [who is mentally disabled] with a mental
disability (‘B’), for ſnancial or other reward, favour or compensation to
B or to a third person (‘C’)— 20
(a) for the purpose of engaging in a sexual act with B, irrespective of
whether the sexual act is committed or not; or
(b) by committing a sexual act with B,
is, in addition to any other offence which he or she may be convicted of,
guilty of the offence of sexual exploitation of a person [who is mentally 25
disabled] with a mental disability.
(2) A person (‘A’) who unlawfully and intentionally offers the services
of a person [who is mentally disabled] with a mental disability (‘B’) to
a third person (‘C’), for ſnancial or other reward, favour or compensa-
tion to A, B or to another person (‘D’)— 30
(a) for purposes of the commission of a sexual act with B by C;
(b) by inviting, persuading or inducing B to allow C to commit a sexual
act with B;
(c) by participating in, being involved in, promoting, encouraging or
facilitating the commission of a sexual act with B by C; 35
(d) by making available, offering or engaging B for purposes of the
commission of a sexual act with B by C; or
(e) by detaining B, whether under threat, force, coercion, deception,
abuse of power or authority, for purposes of the commission of a
sexual act with B by C, 40
is guilty of an offence of being involved in the sexual exploitation of a
person [who is mentally disabled] with a mental disability.
(3) A person (‘A’) who—
(a) intentionally allows or knowingly permits the commission of a
sexual act by a third person (‘C’) with a person [who is mentally 45
disabled] with a mental disability (‘B’) while being a care-giver,
parent, guardian, curator or teacher of B; or

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 8 No. 45823 GOVERNMENT GAZETTE, 28 JANuARy 2022

Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

(b) owns, leases, rents, manages, occupies or has control of any

movable or immovable property and intentionally allows or
knowingly permits such movable or immovable property to be used
for purposes of the commission of a sexual act with B by C,
is guilty of the offence of furthering the sexual exploitation of a person 5
[who is mentally disabled] with a mental disability.
(4) A person (‘A’) who intentionally receives ſnancial or other reward,
favour or compensation from the commission of a sexual act with a
person [who is mentally disabled] with a mental disability (‘B’) by a
third person (‘C’), is guilty of an offence of beneſting from the sexual 10
exploitation of a person [who is mentally disabled] with a mental
disability.
(5) A person (‘A’) who intentionally lives wholly or in part on rewards,
favours or compensation for the commission of a sexual act with a person
[who is mentally disabled] with a mental disability (‘B’) by a third 15
person (‘C’), is guilty of an offence of living from the earnings of the
sexual exploitation of a person [who is mentally disabled] with a mental
disability.
(6) A person (‘A’), including a juristic person, who—
(a) makes or organises any travel arrangements for or on behalf of a 20
third person (‘C’), whether that other person is resident within or
outside the borders of the Republic, with the intention of facilitating
the commission of any sexual act with a person [who is mentally
disabled] with a mental disability (‘B’), irrespective of whether that
act is committed or not; or 25
(b) prints or publishes, in any manner, any information that is intended
to promote or facilitate conduct that would constitute a sexual act
with B,
is guilty of an offence of promoting sex tours with persons [who are
mentally disabled] with mental disabilities.’’. 30

Amendment of section 24 of Act 32 of 2007

8. Section 24 of the principal Act is hereby amended—

(a) by the substitution for the heading of the following heading:
‘‘Sexual grooming of persons [who are mentally disabled] with
mental disabilities’’; 35
(b) by the substitution for subsection (1) of the following subsection:
‘‘(1) A person (‘A’) who—
(a) supplies, exposes or displays to a third person (‘C’)—
(i) an article which is intended to be used in the
performance of a sexual act; 40
(ii) child pornography or pornography; or
(iii) a publication or ſlm,
with the intention to encourage, enable, instruct or persuade C
to perform a sexual act with a person [who is mentally
disabled] with a mental disability (‘B’); or 45
(b) arranges or facilitates a meeting or communication between C
and B by any means from, to or in any part of the world, with
the intention that C will perform a sexual act with B,
is guilty of the offence of promoting the sexual grooming of a
person [who is mentally disabled] with a mental disability.’’; 50
(c) by the substitution for the words preceding subparagraph (i) of subsection
(2)(a) of the following words:
‘‘(a) supplies, exposes or displays to a person [who is mentally
disabled] with a mental disability (‘B’)—’’; and

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 10 No. 45823 GOVERNMENT GAZETTE, 28 JANuARy 2022

Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

10

(d) by the substitution for the words following subsection (2)(e) of the following
words:
‘‘is guilty of the offence of sexual grooming of a person [who is mentally
disabled] with a mental disability.’’.

Substitution of section 25 of Act 32 of 2007 5

9. Section 25 of the principal Act is hereby substituted for the following section:

‘‘Exposure or display of or causing exposure or display of child

pornography or pornography to persons [who are mentally dis-
abled] with mental disabilities

25. A person (‘A’) who unlawfully and intentionally exposes or 10

displays or causes the exposure or display of any image, publication,
depiction, description or sequence of child pornography or pornography
to a complainant [who is mentally disabled] with a mental disability
(‘B’), is guilty of the offence of exposing or displaying or causing the
exposure or display of child pornography or pornography to a person 15
[who is mentally disabled] with a mental disability.’’.

Substitution of section 26 of Act 32 of 2007

10. Section 26 of the principal Act is hereby substituted for the following section:

‘‘Using persons [who are mentally disabled] with mental disabilities

for pornographic purposes or beneſting therefrom 20

26. (1) A person (‘A’) who unlawfully and intentionally uses a

complainant [who is mentally disabled] with a mental disability (‘B’),
whether for ſnancial or other reward, favour or compensation to B or to
a third person (‘C’) or not—
(a) for the purpose of creating, making or producing; 25
(b) by creating, making or producing; or
(c) in any manner assisting to create, make or produce,
any image, publication, depiction, description or sequence in any manner
whatsoever, of pornography or child pornography, is guilty of the offence
of using a person [who is mentally disabled] with a mental disability for 30
pornographic purposes.
(2) Any person who knowingly and intentionally in any manner
whatsoever gains ſnancially from, or receives any favour, beneſt,
reward, compensation or any other advantage, as the result of the
commission of any act contemplated in subsection (1), is guilty of the 35
offence of beneſting from using a person [who is mentally disabled]
with a mental disability for pornographic purposes.’’.

Amendment of section 30 of Act 32 of 2007

11. Section 30 of the principal Act is hereby amended by the substitution for
subparagraph (ii) of subsection (1)(b) of the following subparagraph: 40
‘‘(ii) a person [who is mentally disabled] with a mental disa-
bility;’’.

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 12 No. 45823 GOVERNMENT GAZETTE, 28 JANuARy 2022

Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

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Amendment of section 40 of Act 32 of 2007, as amended by section 36 of Act 8 of

2017

12. Section 40 of the principal Act is hereby amended—

(a) by the substitution for the deſnition of ‘‘employer’’ of the following
deſnition: 5
‘‘‘employer’ means—
(a) any—
(i) department of state or administration in the national or
provincial sphere of government or any municipality in the
local sphere of government; or 10
(ii) other functionary or institution when exercising a power or
performing a duty in terms of the Constitution of the Republic
of South Africa, 1996, or a provincial constitution or exercis-
ing a public power or performing a public function in terms of
any legislation, 15
which[—
(aa)] employs employees who, in any manner and during the course
of their employment, will be placed in a position to work with a
[child] person who is vulnerable or in a position of authority,
supervision or care of a [child or will gain access to a child or 20
places where children are present or congregate] person who
is vulnerable; or
[(bb) employs employees who, in any manner and during the
course of their employment, will be placed in a position to
work with a person who is mentally disabled or in a position 25
of authority, supervision or care of a person who is mentally
disabled or will gain access to a person who is mentally
disabled or places where persons who are mentally disabled
are present or congregate; or]
(b) any person, organisation, institution, club, sports club, association 30
or body who or which, as the case may be—
(i) employs employees who, in any manner and during the course
of their employment, will be placed in a position of authority,
supervision or care of a [child or a person who is mentally
disabled] person who is vulnerable or working with [or will 35
gain access to a child or places where children are present
or congregate] a person who is vulnerable; or
(ii) owns, manages, operates, has any business or economic
interest in or is in any manner responsible for, or participates or
assists in the management or operation of any entity or 40
business concern or trade relating to the supervision over or
care of [a child or a person who is mentally disabled] or
working with [or who gains access to a child or a person who
is mentally disabled or places where children or persons
who are mentally disabled are present or congregate] a 45
person who is vulnerable,
and ‘employ’, ‘employing’, ‘employed’ and ‘employment relation-
ship’ have corresponding meanings;’’;
(b) by the substitution for the deſnition of ‘‘licencing authority’’ of the following
deſnition: 50
‘‘ ‘licencing authority’ means any authority which is responsible for
granting licences or approving the management or operation of any
entity, business concern or trade relating to the supervision over or care
of a [child or a person who is mentally disabled] person who is
vulnerable;’’; 55

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Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

14

(c) by the insertion after the deſnition of ‘‘licencing authority’’ of the following
deſnition:
‘‘‘person who is vulnerable’ means a—
(a) child or a person with a mental disability;
(b) female under the age of 25 years who— 5
(i) receives tuition at a higher education college, higher education
institution or university college as deſned in section 1 of the
Higher Education Act, 1997 (Act No. 101 of 1997);
(ii) receives vocational training at any training institute, other than
the institutions referred to in subparagraph (i), or as part of 10
their employment; or
(iii) lives in a building, structure or facility used primarily as a
residence for any of the persons referred to in subparagraphs
(i) and (ii);
(c) person who is being cared for or sheltered in a facility that provides 15
services to victims of crime;
(d) person with a physical, intellectual or sensory disability and who—
(i) receives community-based care and support services, other
than from a family member for;
(ii) lives in a building, structure or facility used primarily as a 20
residence for; or
(iii) is cared for in a facility providing 24-hour care to,
persons with physical, intellectual or sensory disabilities; or
(e) person who is 60 years of age or older and who—
(i) receives community-based care and support services, other 25
than from a family member for;
(ii) lives in a building, structure or facility used primarily as a
residence for; or
(iii) is cared for in a facility providing 24-hour care to,
such persons;’’; 30
(d) by the insertion after the deſnition of ‘‘relevant authority’’ of the following
deſnition:
‘‘ ‘sexual offence’ means—
(a) any—
(i) sexual offence in terms of the law as it existed between 16 June 35
2003 and 15 December 2007;
(ii) offence referred to in Chapters 2, 3 and 4 and sections 55 and
71 of this Act;
(iii) offence referred to in Chapter 2 of the Prevention and
Combating of Trafficking in Persons Act, 2013, which was 40
committed for sexual purposes; and
(iv) contravention since 16 June 2003 of section 24B(1) or (3) of
the Films and Publications Act, 1996 (Act No. 65 of 1996),
that was committed against a child or a person with a mental
disability between the period of 16 June 2003 and the date of; and 45
(b) any—
(i) offence referred to in sections 3 to 10, 12 to 26 and 55 of this
Act;
(ii) offence referred to in Chapter 2 of the Prevention and
Combating of Trafficking in Persons Act, 2013, which was 50
committed for sexual purposes; and
(iii) contravention since 16 June 2003 of section 24B(1) or (3) of
the Films and Publications Act, 1996;
that was committed after the date of,
the commencement of the Criminal Law (Sexual Offences and Related 55
Matters) Amendment Act Amendment Act, 2021.’’; and
(e) by the deletion of the deſnition of ‘‘sexual offence against a child’’.

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 16 No. 45823 GOVERNMENT GAZETTE, 28 JANuARy 2022

Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

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Substitution of section 41 of Act 32 of 2007

13. The following section is hereby substituted for section 41 of the principal Act:

‘‘Prohibition on certain types of employment by certain persons who

have committed sexual offences [against children and persons who
are mentally disabled] 5

41. [(1)] A person who has been convicted of the commission of a

sexual offence [against a child] or is alleged to have committed a sexual
offence [against a child] and has been dealt with in terms of section
77(6) or 78(6) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977),
whether committed before or after the commencement of this Chapter, 10
whether committed in or outside the Republic, and whose particulars
have been included in the Register, may not—
(a) be employed to work with a [child] person who is vulnerable in any
circumstances;
(b) hold any position, related to his or her employment, or for any 15
commercial beneſt which in any manner places him or her in any
position of authority, supervision or care of a [child] person who is
vulnerable, or which, in any other manner, places him or her in a
position of authority, supervision or care of a [child or where he or
she gains access to a child or places where children are present 20
or congregate] person who is vulnerable;’’;
(c) be granted a licence or be given approval to manage or operate any
entity, business concern or trade in relation to the supervision over
or care of a [child] person who is vulnerable [or where children
are present or congregate]; or 25
(d) become the foster parent, kinship care-giver, temporary safe
care-giver or adoptive parent of a child or the curator of a person
with a mental disability.
[(2) A person who has been convicted of the commission of a sexual
offence against a person who is mentally disabled or is alleged to 30
have committed a sexual offence against 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, whether committed before or
after the commencement of this Chapter, whether committed in or
outside the Republic and whose particulars have been included in 35
the Register, may not—
(a) be employed to work with a person who is mentally disabled in
any circumstances;
(b) hold any position, related to his or her employment, or for any
commercial beneſt which in any manner places him or her in a 40
position of authority, supervision or care of a person who is
mentally disabled, or which, in any other manner, places him or
her in a position of authority, supervision or care of a person
who is mentally disabled or where he or she gains access to a
person who is mentally disabled or places where persons who 45
are mentally disabled are present or congregate;
(c) be granted a licence or be given approval to manage or operate
any entity, business concern or trade in relation to the
supervision over or care of a person who is mentally disabled or
where persons who are mentally disabled are present or 50
congregate; or
(d) become the curator of a person who is mentally disabled.]’’.

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Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

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Amendment of section 42 of Act 32 of 2007, as amended by section 36 of Act 66 of

2008

14. Section 42 of the principal Act is hereby amended—

(a) by the substitution for subsection (1) of the following subsection:
‘‘(1) A National Register for Sex Offenders containing particulars of 5
persons convicted of any sexual offence [against a child or a person
who is mentally disabled] or are alleged to have committed a sexual
offence [against a child or a person who is mentally disabled] and who
have been dealt with in terms of section 77(6) or 78(6) of the Criminal
Procedure Act, 1977, whether committed before or after the commence- 10
ment of this Chapter and whether committed in or outside the Republic,
must, [before 30 June 2009, and,] in accordance with the provisions of
this Chapter and the regulations made thereunder, be established and
maintained by the Minister.’’; and
(b) by the substitution for subsection (3) of the following subsections: 15
‘‘(3) (a)The Registrar must exercise and perform his or her powers,
duties and functions subject to the provisions of this Chapter and the
regulations made thereunder.
(b) The Registrar may, subject to paragraph (c), delegate any power,
duty or function to any other person, but the Registrar remains 20
responsible and accountable for the exercise of the powers and the
performance of the duties and functions so delegated.
(c) The Registrar may not delegate his or her function referred to in
section 51 to any other person.
(4) Any person may, subject to subsection (5), apply, in the prescribed 25
form, to the Registrar to determine whether the particulars of any person
have been included in the Register or not.
(5) The Registrar in considering the application must be satisſed that
the—
(a) application is not frivolous or vexatious; 30
(b) person who has submitted the application has an interest in the
disclosure of the information; and
(c) disclosure of the information is in the interest of an identiſable
vulnerable person.
(6) Except in so far as it may be necessary for the purposes of this 35
Chapter, any person who willfully discloses or publishes any information
to any other person which he or she has acquired as a result of an
application contemplated in subsection (4) or in any other manner, is
guilty of an offence and is liable on conviction to a ſne or to
imprisonment for a period not exceeding three years or to both a ſne and 40
such imprisonment.’’.

Amendment of section 43 of Act 32 of 2007

15. Section 43 of the principal Act is hereby amended—

(a) by the substitution for the words preceding paragraph (a) of the following
words: 45
‘‘The objects of the Register are to protect [children and persons who
are mentally disabled] persons who are vulnerable against sexual
offenders by—’’; and
(b) by the substitution for subparagraphs (i) and (ii) of paragraph (a) of the
following subparagraphs: 50
‘‘(i) have been convicted of a sexual offence [against a child or a
person who is mentally disabled], whether committed before or
after the commencement of this Chapter and whether committed
in or outside the Republic; or
(ii) are alleged to have committed a sexual offence [against a child 55
or a person who is mentally disabled] in respect of whom a
court, whether before or after the commencement of this
Chapter—’’.

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Act No. 13 of 2021 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021

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Amendment of section 44 of Act 32 of 2007

16. Section 44 of the principal Act is hereby amended by the substitution for
paragraph (e) of the following paragraph:
‘‘(e) a person contemplated in section 47(2) applying for a licence or approval to
manage or operate any entity, business concern or trade in relation to the 5
supervision over or care of [children or persons who are mentally disabled]
persons who are vulnerable in respect of his or her own particulars;’’.

Insertion of sections 44B and 44C in Act 32 of 2007

17. The following sections are hereby inserted after section 44A of the principal Act:

‘‘Access to Register by National Commissioner of South African 10

Police Service

44B. For the purposes of section 36D(2) of the Criminal Procedure

Act, 1977, and section 15A(2) of the South African Police Service Act,
1995 (Act No. 65 of 1995), the National Commissioner of the South
African Police Service may be granted access to the data base of the 15
Register by the Registrar.

Obligations of Director-General: Home Affairs and Registrar

44C. (1) The Director-General: Home Affairs must inform the

Registrar in writing whenever a person’s change in identity has been
formally approved and recognised by the Department of Home Affairs by 20
providing the Registrar with that person’s old and new identity details.
(2) The Registrar must endorse the Register accordingly, where
necessary.’’.

Amendment of section 45 of Act 32 of 2007

18. Section 45 of the principal Act is hereby amended by the substitution in subsection 25
(2) for paragraphs (c) and (d) of the following paragraphs, respectively:
‘‘(c) Notwithstanding paragraph (d) an employer must immediately terminate
the employment of an employee who fails to disclose a conviction 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 30
mentally disabled] and who has been dealt with in terms of section 77(6) or 78(6)
of the Criminal Procedure Act, 1977, as contemplated in section 41.
(d) An employer must take reasonable steps to prevent an employee whose
particulars are recorded in the Register from continuing to gain access to a [child
or a person who is mentally disabled] person who is vulnerable, in the course of 35
his or her employment, including, if reasonably possible or practicable to transfer
such person from the post or position occupied by him or her to another post or
position: Provided that if any such steps to be taken will not ensure the safety of a
[child or a person who is mentally disabled] person who is vulnerable, the
employment relationship, the use of services or access, as the case may be, must be 40
terminated immediately.’’.

Amendment of section 46 of Act 32 of 2007, as amended by section 4 of Act 5 of 2015

19. Section 46 of the principal Act is hereby amended by the substitution for
subsections (1) and (2) of the following subsections, respectively:
‘‘(1) An employee in the employ of an employer at the commencement of this 45
Chapter, who is or was convicted of a sexual offence [against a child or a person
who is mentally disabled], or is alleged to have committed a sexual offence

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[against a child or a person who is mentally disabled] and who has been dealt
with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977,
irrespective of whether or not such offence was committed or allegedly committed
during the course of his or her employment, and whose particulars are included or
are to be included in the Register, must without delay disclose such conviction or 5
ſnding to his or her employer.
(2) An employee who, after the commencement of this Chapter, applies for
employment, must, if he or she has been convicted of a sexual offence [against a
child or a person who is mentally disabled] or is alleged to have committed a
sexual offence [against a child or a person who is mentally disabled] and who 10
has been dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure
Act, 1977, and whose particulars are included or are to be included in the Register,
disclose such conviction or ſnding when applying for employment.’’.

Amendment of section 47 of Act 32 of 2007, as amended by section 5 of Act 5 of 2015

20. Section 47 of the principal Act is hereby amended by the substitution for 15
subsections (1) and (2) of the following subsections, respectively:
‘‘(1) A licensing authority may not grant a licence to or approve the management
or operation of any entity, business concern or trade in relation to the supervision
over or care of a [child or a person who is mentally disabled] person who is
vulnerable without having determined, by way of an application to the Registrar for 20
a prescribed certiſcate, 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 for a licence
contemplated in subsection (1) to a licensing authority, and whose particulars are
included or are to be included in the Register, must disclose that he or she has been 25
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.’’.

Amendment of section 48 of Act 32 of 2007, as amended by section 6 of Act 5 of 2015 30

21. Section 48 of the principal Act is hereby amended by the substitution for
subsection (2) of the following subsection:
‘‘(2) (a) 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 curator, and whose particulars are included or are to be included in the 35
Register, 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. 40
(b) A person referred to in paragraph (a) who fails to comply with paragraph (a),
is guilty of an offence and is liable on conviction to a ſne or to imprisonment not
exceeding seven years or to both a ſne and such imprisonment.
(c) A child who is in the custody and care of a person contemplated in paragraph
(a) must, as soon as reasonably possible, be removed from the care of such person 45
in accordance with Chapter 9 of the Children’s Act, 2005 (Act No. 38 of 2005).’’.

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Amendment of section 49 of Act 32 of 2007

22. Section 49 of the principal Act is hereby amended by the substitution for
subparagraph (iv) of paragraph (b) of the following subparagraph:
‘‘(iv) 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 5
date and place of conviction and sentence, as well as the relevant prisoner
identiſcation number, where applicable;’’.

Amendment of section 50 of Act 32 of 2007, as amended by section 37 of Act 66 of

2008, section 7 of Act 5 of 2015 and section 37 of Act 8 of 2017

23. Section 50 of the principal Act is hereby amended— 10

(a) by the substitution for subsection (1) of the following subsection:
‘‘(1) The particulars of the following persons must be included in the
Register:
(a) A person who [in terms of this Act or any other law]—
(i) has been convicted of a sexual offence [against a child or a 15
person who is mentally disabled];
(ii) 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 ſnding and given a direction in terms of
section 77(6) or 78(6) of the Criminal Procedure Act, 1977; 20
(iii) 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
(iv) has a previous conviction for a sexual offence [against a child 25
or a person who is mentally disabled] or who has not served
a sentence of imprisonment for such offence; and
(b) any person—
(i) who, in any foreign jurisdiction, has been convicted of any
offence equivalent to the commission of a sexual offence 30
[against a child or a person who is mentally disabled];
(ii) who, in any foreign jurisdiction, has been dealt with in a
manner equivalent to that contemplated in paragraph (a)(ii); or
(iii) whose particulars appear on an official register in any foreign
jurisdiction, pursuant to a conviction of a sexual offence 35
[against a child or a person who is mentally disabled] or as
a result of an order equivalent to that in paragraph (a)(ii),
whether committed before or after the commencement of this Chapter.’’;
(b) by the substitution in subsection (2) for paragraph (a) of the following
paragraph: 40
‘‘(a) A court that has [in terms of this Act or any other law]—
(i) convicted a person of a sexual offence [against a child or a
person who is mentally disabled] and, after sentence has been
imposed by that court for such offence, in the presence of the
convicted person; or 45
(ii) made a ſnding and given a direction in terms of section 77(6) or
78(6) of the Criminal Procedure Act, 1977, that the person is by
reason of mental illness or mental defect not capable of
understanding the proceedings so as to make a proper defence or
was, by reason of mental illness or mental defect, not criminally 50
responsible for the act which constituted a sexual offence
[against a child or a person who is mentally disabled], in the
presence of that person,
must, subject to paragraph (c), make an order that the particulars of the person
be included in the Register.’’; 55

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(c) by the substitution in subsection (2) for paragraph (c) of the following
paragraph:
‘‘(c) If a court has, in terms of this Act or any other law, convicted a
person (‘A’) of a sexual offence [referred to in paragraph (a)(i)] and A
was a child at the time of the commission of such offence, or if a court has 5
made a ſnding and given a direction referred to in paragraph (a)(ii) in
respect of A who was a child at the time of the alleged commission of the
offence, the court may not make an order as contemplated in paragraph
(a) unless—
(i) the prosecutor has made an application to the court for such 10
order;
(ii) the court has considered a report by the probation officer referred
to in section 71 of the Child Justice Act, 2008, which deals with
the probability of A committing another sexual offence [against
a child or a person who is mentally disabled, as the case may 15
be,] in future;
(iii) A has been given the opportunity to address the court as to why
his or her particulars should not be included in the Register; and
(iv) the court is satisſed that substantial and compelling circum-
stances exist based upon such report and any other evidence, 20
which justify the making of such an order.’’;
(d) by the substitution in subsection (5) for paragraph (a) of the following
paragraph:
‘‘(a) The National Commissioner of Correctional Services must, in the
prescribed manner, [and at least three months before the establish- 25
ment of the Register referred to in section 42,] forward to the Registrar
the particulars referred to in section 49 of every prisoner or former
prisoner which he or she has on record, who, at the commencement of
this Chapter, is serving a sentence of imprisonment or who has served a
sentence of imprisonment as the result of a conviction for a sexual 30
offence, as referred to in paragraph (a) of the deſnition of ‘sexual
offence’ in section 40, ſve years preceding the commencement of this
Chapter, [against a child, including an offence referred to in section
14 of the Sexual Offences Act, 1957 (Act No. 23 of 1957), and must,
where possible, forward the available particulars of every prisoner 35
or former prisoner which he or she has on record, who at the
commencement of this Chapter, is serving a sentence of imprison-
ment or has served a sentence of imprisonment as a result of a
conviction, ſve years preceding the commencement of this Act, for a
sexual offence against a person who is mentally disabled, including 40
an offence referred to in section 15 of the Sexual Offences Act, 1957,]
and the Registrar must forthwith enter those particulars in the Register.’’;
(e) by the substitution for subsection (6) of the following subsection:
‘‘(6) The National Commissioner of the South African Police Service
must, in the prescribed manner, [and at least three months before the 45
establishment of the Register referred to in section 42,] forward to the
Registrar all the available particulars in his or her possession referred to
in section 49 of every person who, at the commencement of this Chapter,
has a previous conviction for a sexual offence, as referred to in paragraph
(a) of the deſnition of ‘sexual offence’ in section 40, ſve years preceding 50
the commencement of this Chapter, [against a child, including, as far
as is possible, an offence referred to in section 14 of the Sexual
Offences Act, 1957, and who has a previous conviction for a sexual
offence against a person who is mentally disabled, including, as far as
is possible, an offence referred to in section 15 of the Sexual Offences 55
Act, 1957,] and the Registrar must forthwith enter those particulars in the
Register.’’; and
(f) by the substitution in subsection (7) for paragraph (a) of the following
paragraph:
‘‘(a) The Director-General: Health must, in the prescribed manner 60
[and at least three months before the establishment of the Register

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referred to in section 42], forward to the Registrar the particulars

referred to in section 49 or every person, who, at the commencement of
this Chapter or in the period of ſve years preceding the commencement
of this Chapter, is or was subject to a direction in terms of section 77(6)
or 78(6) of the Criminal Procedure Act, 1977, as the result of an act 5
which constituted a sexual offence [against a child or a person who is
mentally disabled], as referred to in paragraph (a) of the deſnition of
‘sexual offence’ in section 40, and the Registrar must forthwith enter
those particulars in the Register.’’.

Substitution of section 51 of Act 32 of 2007, as amended by section 8 of Act 5 of 2015 10

24. The following section is hereby substituted for section 51 of the principal Act:

‘‘Removal of particulars from Register

51. (1) Subject to subsections (2), (2A) and (3), the particulars of a
person—
(a) who— 15
(i) has been sentenced for a conviction of a sexual offence
[against a child or a person who is mentally disabled] to a
term of imprisonment, periodical imprisonment, correctional
supervision or to imprisonment as contemplated in section
276(1)(i) of the Criminal Procedure Act, 1977, without the 20
option of a ſne for a period of at least six months but not
exceeding eighteen months, whether the sentence was
suspended or not, may, on application as contemplated in
subsection (3), be removed from the Register after a period of
[ten] 20 years has lapsed after that person has been released 25
from prison or the period of suspension has lapsed;
(ii) has been sentenced for a conviction of a sexual offence
[against a child or a person who is mentally disabled] to a
term of imprisonment, periodical imprisonment, correctional
supervision or to imprisonment as contemplated in section 30
276(1)(i) of the Criminal Procedure Act, 1977, without the
option of a ſne for a period of six months or less, whether the
sentence was suspended or not, may, on application as
contemplated in subsection (3), be removed from the Register
after a period of [seven] 14 years has lapsed after that person 35
has been released from prison or the period of suspension has
lapsed; or
(iii) is alleged to have committed a sexual offence [against a
child or a person who is mentally disabled] in respect of
whom a court, whether before or after the commencement of 40
this Chapter, has made a ſnding and given a direction in
terms of section 77(6) or 78(6) of the Criminal Procedure Act,
1977, may, on application as contemplated in subsection (3),
be removed from the Register after a period of [ſve] ten years
has lapsed after such person has recovered from the mental 45
illness or mental defect in question and is discharged in terms
of the Mental Health Care Act, 2002 (Act No. 17 of 2002),
from any restrictions imposed on him or her; or
(b) who has been sentenced for a conviction of a sexual offence
[against a child or a person who is mentally disabled] to any 50
other form of lesser punishment or court order may, on application
as contemplated in subsection (3), be removed from the Register
after a period of [ſve] ten years has lapsed since the particulars of
that person were included in the Register.

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(2) The particulars of a person who has—

(a) been sentenced for a conviction of a sexual offence [against a child
or a person who is mentally disabled] to a term of imprisonment,
periodical imprisonment, correctional supervision or to imprison-
ment as contemplated in section 276(1)(i) of the Criminal Proce- 5
dure Act, 1977, with or without the option of a ſne for a period
exceeding [eighteen] 18 months, whether the sentence was
suspended or not; or
(b) two or more convictions of a sexual offence [against a child or a
person who is mentally disabled], 10
may not be removed from the Register.
(2A) A person falling into the categories contemplated in subsection
(1) or (2), who was a child at the time of the commission of the offence
concerned and who was convicted of such offence or a person who was
a child at the time of the alleged commission of the offence and in respect 15
of whom a court has made a ſnding and given a direction in terms of
section 77(6) or 78(6) of the Criminal Procedure Act, 1977—
(a) before the implementation of this Chapter, may, at any time before
the expiration of the periods referred to in subsection (1), apply to a
court for an order that his or her particulars must be removed from 20
the Register by—
(i) addressing the court on the reasons for such application and
showing good cause why it is unlikely that he or she will
commit another sexual offence [against a child or a person
who is mentally disabled, as the case may be]; and 25
(ii) submitting to the court an affidavit by him or her stating that
no charge relating to a sexual offence [against a child or a
person who is mentally disabled, as the case may be,] is
pending against him or her; or
(b) after the implementation of this Chapter, may, at any time before the 30
expiration of the periods referred to in subsection (1), apply to the
court referred to in section 50(2)(c) for an order that his or her
particulars must be removed from the Register by—
(i) addressing the court on the reasons for such application and
showing good cause why it is unlikely that he or she will 35
commit another sexual offence [against a child or a person
who is mentally disabled, as the case may be]; and
(ii) submitting to the court an affidavit by him or her stating that
no charge relating to a sexual offence [against a child or a
person who is mentally disabled, as the case may be,] is 40
pending against him or her.
(2B) The periods applicable in subsection (1) should be reduced by
half if the person was a child at the time of the commission of the offence.
(3) (a) A person falling into the categories contemplated in subsection
(1) may apply, in the prescribed manner, to the Registrar to have his or 45
her particulars removed from the Register.
(b) The Registrar must, after considering the application, remove the
particulars of the person contemplated in paragraph (a) from the
Register, unless the person concerned has [an investigation or] a charge
relating to a sexual offence [against a child or a person who is mentally 50
disabled] pending against him or her and the relevant [investigation or]
case has not yet been ſnalised, in which event the ſnalisation of the
application must be postponed until the Registrar has, in the prescribed
manner, received information on the outcome of the [investigation or]
case. 55
(c) The Registrar may, at the request of a person whose particulars are
included in the Register, remove those particulars from the Register, if
the Registrar is satisſed that the entry of those particulars in the Register
was clearly in error.

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(4) Any person who has qualiſed for the removal of his or her
particulars from the Register before the commencement of the Criminal
Law (Sexual Offences and Related Matters) Amendment Act Amend-
ment Act, 2021, may submit an application to the Registrar in terms of
subsection (3)(a) and the Registrar must consider the application as if the 5
Criminal Law (Sexual Offences and Related Matters) Amendment Act
Amendment Act, 2021, had not commenced.’’.

Amendment of section 53 of Act 32 of 2007

25. Section 53 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraphs (c), (e) and (f) of the following paragraphs, respectively: 10
‘‘(c) the manner in which the National Commissioner of Correctional Services
must forward particulars of prisoners who are serving a sentence of
imprisonment as the result of a conviction for a sexual offence [against a
child or a person who is mentally disabled] to the Registrar as contemplated
in section 50(5)(a); 15
(e) the manner in which the National Commissioner of the South African Police
Service must forward particulars of persons with a previous conviction for a
sexual offence [against a child or a person who is mentally disabled] to the
Registrar as contemplated in section 50(6); and
(f) the manner in which the Director-General: Health must forward particulars of 20
persons who are subject to a direction in terms of section 77(6) or 78(6) of the
Criminal Procedure Act, 1977, as the result of an act which constituted a
sexual offence [against a child or a person who is mentally disabled] to the
Registrar as contemplated in section 50(7)(a);’’.

Substitution of section 54 of Act 32 of 2007 25

26. The following section is hereby substituted for section 54 of the principal Act:

‘‘Obligation to report commission of sexual offences against [chil-

dren or] persons who are [mentally disabled] vulnerable

54. (1) [(a)] A person who has knowledge, reasonable belief or

suspicion that a sexual offence has been committed against a [child] 30
person who is vulnerable as deſned in section 40 must report such
knowledge, reasonable belief or suspicion immediately to a police
official.
[(b)] (2)(a) A person who fails to report such knowledge, reasonable
belief or suspicion as contemplated in [paragraph (a)] subsection (1), is 35
guilty of an offence and is liable on conviction to a ſne or to
imprisonment for a period not exceeding ſve years or to both a ſne and
such imprisonment.
[(2) (a) A person who has knowledge, reasonable belief or
suspicion that a sexual offence has been committed against a person 40
who is mentally disabled must report such knowledge, reasonable
belief or suspicion immediately to a police official.
(b) A person who fails to report such knowledge, reasonable belief
or suspicion as contemplated in paragraph (a), is guilty of an offence
and is liable on conviction to a ſne or to imprisonment for a period 45
not exceeding ſve years or to both a ſne and such imprisonment.
(c)] (b) A person who in good faith reports such reasonable belief or
suspicion shall not be liable to any civil or criminal proceedings by
reason of making such report.’’.

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Amendment of section 56 of Act 32 of 2007, as amended by section 4 of Act 6 of 2012

and section 9 of Act 5 of 2015

27. Section 56 of the principal Act is hereby amended by the substitution for
subsection (4) of the following subsection:
‘‘(4) A person (‘A’) may not be convicted of an offence in terms of section 12 if, 5
at the time when the sexual act [of sexual penetration] was ſrst committed—
(a) A was below the age of 18 years; and
(b) the other person (‘B’) exercised power or authority over A or a
relationship of trust existed between A and B.’’.

Amendment of section 57 of Act 32 of 2007 10

28. Section 57 of the principal Act is hereby amended—

(a) by the substitution for the heading for section 57 of the following heading:
‘‘Inability of children under 12 years and persons [who are mentally
disabled] with mental disabilities to consent to sexual acts’’; and
(b) by the substitution for subsection (2) of the following subsection: 15
‘‘(2) Notwithstanding anything to the contrary in any law contained, a
person [who is mentally disabled] with a mental disability is incapable
of consenting to a sexual act.’’.

Amendment of long title of Act 32 of 2007, as amended by section 48 of Act 7 of

2013, section 5 of Act 43 of 2013 and section 12 of Act 5 of 2015 20

29. The long title of the principal Act is hereby amended—

(a) by the substitution for the fourth bullet thereof of the following bullet:
‘‘creating new statutory offences, for adults, by criminalising the
compelling or causing the witnessing of certain sexual conduct and
certain parts of the human anatomy, the exposure or display of child 25
pornography, [and] the engaging of sexual services of an adult and
sexual intimidation;’’;
(b) by the substitution for the sixth bullet thereof of the following bullet:
‘‘enacting comprehensive provisions dealing with the creation of certain
new, expanded or amended sexual offences against children and persons 30
[who are mentally disabled] with mental disabilities, including offences
relating to sexual exploitation or grooming, exposure to or display of
pornography and the creation of child pornography, despite some of the
offences being similar to offences created in respect of adults as the
creation of these offences aims to address the particular vulnerability of 35
children and persons [who are mentally disabled] with mental
disabilities in respect of sexual abuse or exploitation;’’; and
(c) by the substitution for the ninth bullet of the following bullet:
‘‘creating a duty to report sexual offences committed with or against
[children or persons who are mentally disabled] persons who are 40
vulnerable;’’.

Amendment of index of Act 32 of 2007, as amended by section 48 of Act 7 of 2013

and section 1 of Act 43 of 2013

30. The index of the principal Act is hereby amended—

(a) by the insertion after item 14 of the following Part and item: 45

‘‘Part 5
Sexual intimidation

14A. Sexual intimidation’’; and

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(b) by the substitution for Chapter 4 of the following Chapter:

‘‘CHAPTER 4

SEXUAL OFFENCES AGAINST PERSONS [WHO ARE MEN-

TALLY DISABLED] WITH MENTAL DISABILITIES

Sexual exploitation and sexual grooming of, exposure or display of 5

or causing exposure or display of child pornography or pornography
to persons [who are mentally disabled] with mental disabilities and
using persons [who are mentally disabled] with mental disabilities
for pornographic purposes or beneſting therefrom
23. Sexual exploitation of persons [who are mentally disabled] with 10
mental disabilities
24. Sexual grooming of persons [who are mentally disabled] with
mental disabilities
25. Exposure or display of or causing exposure or display of child
pornography or pornography to persons [who are mentally 15
disabled] with mental disabilities
26. Using persons [who are mentally disabled] with mental
disabilities for pornographic purposes or beneſting therefrom’’;
(c) by the substitution for item 41 of the following item:
‘‘41. Prohibition on certain types of employment by certain persons 20
who have committed sexual offences [against children and
persons who are mentally disabled]’’;
(d) by the insertion after item 44A of the following items:
‘‘44B. Access to Register by National Commissioner of South African
Police Service 25
44C. Obligations of Director-General: Home Affairs and Registrar’’;
(e) by the substitution for the heading to Part 1 of Chapter 7 of the following
heading:
‘‘Miscellaneous offences: Obligation to report commission of sexual
offences against [children or persons who are mentally disabled] 30
vulnerable persons and attempt, conspiracy, incitement or inducing
another person to commit sexual offence’’;
(f) by the substitution for item 54 of the following item:
‘‘54. Obligation to report commission of sexual offences against
[children or persons who are mentally disabled] persons who 35
are vulnerable’’;
(g) by the substitution for the heading to Part 2 of Chapter 7 of the following
heading:
‘‘Defences and sentencing, inability of children under 12 years and
persons [who are mentally disabled] with mental disabilities to consent 40
to sexual acts, other evidentiary matters and extra-territorial jurisdic-
tion’’; and
(h) by the substitution for item 57 of the following item:
‘‘57. Inability of children under 12 years and persons [who are
mentally disabled] with mental disabilities to consent to sexual 45
acts’’.

Short title and commencement

31. This Act is called the Criminal Law (Sexual Offences and Related Matters)
Amendment Act Amendment Act, 2021, and comes into operation on a date ſxed by the
President by proclamation in the Gazette. 50

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