17 Aug 2021

The Penal Code Act of 2021 that has been passed by Parliament, will enhance effectiveness of the Sexual Offenders Registry Act of 2021.

Minister of Defence, Justice and Security, Mr Kagiso Mmusi, recently told Parliament that the act was necessitated by the fact that Sexual Offenders Registry Act must be read with the Penal Code in so far as penalties for sexual offences were concerned.

The act would enhance penalties of sexual offenders to ensure that sentences reflected the seriousness and extent of the offence.

Once effected, the new law would also, among others, increase the minimum term of imprisonment from 10 to 20 years or to a maximum term of life imprisonment.

Under the circumstances where the rape may have resulted in injury to the victim, the act provides for the minimum imprisonment term of 25 years and where the offender was HIV positive but unaware, the sentence would be increased from 15 years to a minimum term of imprisonment of 25 years.

Furthermore, where the offender is a parent of the victim, the victim is under 14 years, has disability or is a repeat offender, the Act provides for a minimum term of imprisonment of up to 30 years.

Minister Mmusi had emphasised that the punishment should be more severe for the repetition or for aggravation of the offence.

The Act further provides for for compensation of victims of sexual offences for physical and psychological damage suffered such as interrupted education, loss of earnings and career opportunities to name a few.

It further introduces a provision that criminalises the offence of false allegations in order to protect people against false rape accusations which are detrimental to one’s life.

Perpetrators of sexual violence would be punished but at the same time, falsely accusing another person of a crime would be a punishable offence and the penalty for making a false allegation would be a term of imprisonment not exceeding three years.ENDS