Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
alleged offender, if the results have not already been made available to such offender as contemplated in section 30(1)(a)(i).
(4) An order contemplated in subsection (3) must be made in the prescribed manner and handed to the investigating officer.
(5) The investigating officer must, as soon as is reasonably practicable, after an application has been granted in terms of subsection (3), inform the alleged offender by handing to him or her a notice containing the information as prescribed and, if necessary, by explaining the contents of the notice.
Part 4: Execution of orders for compulsory HIV testing and results of HIV tests
Execution of order and issuing of warrant of arrest
33. (1) As soon as an order referred to in section 31(3) or section 32(3) has been handed to an investigating officer—
(a)
the investigating officer must request any medical practitioner or nurse to take two prescribed body specimens from the alleged offender, and the investigating officer must make the alleged offender available or cause such person to be made available for that purpose;
(b)
the medical practitioner or nurse concerned must take two prescribed body specimens from the alleged offender;
(c)
the investigating officer must deliver the body specimens to the head of a public health establishment designated in terms of section 29 or to a person designated in writing by the head of such establishment;
(d)
the head of the establishment or the person referred to in paragraph (c) must—
(i)
perform one or more HIV tests on the body specimens of the alleged offender as are reasonably necessary to determine the presence or absence of HIV infection in the alleged offender;
(ii)
record the results of the HIV test in the prescribed manner;
(iii)
provide the investigating officer with duplicate sealed records of the test results; and
(iv)
retain one sealed record of the test results in the prescribed manner and place; and
(e)
the investigating officer must—
(i)
in the case of an order contemplated in section 31(3), hand over to the victim or to the interested person, as the case may be, and to the alleged offender the sealed record of the test results and a notice containing prescribed information on the confidentiality of and how to deal with the HIV test results, and if necessary explain the contents of the notice; or
(ii)
in the case of an order contemplated in section 32(3), hand over to the alleged offender a sealed record of the test results and a notice containing prescribed information on how to deal with the test results, and if necessary explain the contents of the notice, and retain the other record of the test results as prescribed or, where applicable, make the record of the test results available to a prosecutor who needs to know the results for purposes of the prosecution of the matter in question or any other court proceedings.
(2) (a) An order made in terms of section 31(3) lapses if the charge is withdrawn by the prosecution at the request of the victim.
(b) Any specimens taken or results obtained prior to the lapsing of the order, if any, as contemplated in paragraph (a), must be destroyed in accordance with the Department of Health's prevailing norms and protocols or where relevant, in accordance with any national instructions issued by the National Commissioner of the South African Police Service in terms of section 66(1)(c).
(3) The magistrate may, when or after issuing an order contemplated in section 31(3) or 32(3), issue a warrant for the arrest of the alleged offender if there is reason to believe that such offender may avoid compliance with such order or such offender has avoided compliance with such order.
