DOJCD designates sexual offences courts

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Announcement

Topics Criminal Law | Government, Politics & Policy

04 Nov 2022

Courts for the regional divisions at which sexual offences courts must be set up have been designated.

The justice and constitutional development department published the designation in Government Gazette 47410 in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act.

Sexual offences courts must be set up in regional courts in all nine provinces.

According to the department, a sexual offences court is defined as a regional court that deals exclusively with cases of sexual offences.

Meanwhile, the department has called for comment on proposed amendments to Rules for proceedings in terms of Chapters 5 and 6 of the Prevention of Organised Crime Act.

Amendments are proposed to Uniform Rule 6 (Applications) and Uniform Rule 57A (Appointment and Discharge of Curators in Terms of the Act).

Section 62(1) of the act empowers the Rules Board for Courts of Law to make rules for the High Court regulating the proceedings contemplated in Chapters 5 and 6; and the magistrate’s court regulating the proceedings referred to in section 51.

Amendments to Uniform Rule 6 (Applications), in particular, subrule (4) thereof, are proposed as it has come to the attention of the Rules Board that “problems have been encountered in practice in applications for the restraint, preservation and forfeiture of assets and proceeds of crime when such applications are endeavoured to be made urgently”.

The Rules Board has also considered that a rule should be crafted to provide for the appointment of curators as contemplated in Chapters 5 and 6 of the act and therefore Uniform Rule 57A is proposed designed to provide for appointment and discharge of curators in terms of the act.

Comment is invited until 31 December 2022.