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Prevention and Combating of Torture of Persons Act, 2013
Act 13 of 2013
- Published in Government Gazette 36716 on 29 July 2013
- Assented to on 24 July 2013
- Commenced on 29 July 2013
- [This is the version of this document from 29 July 2013.]
1. Definitions
In this Act, unless the context indicates otherwise—"accused person" means any person who has committed or allegedly committed an act of torture;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Convention" means the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10 December 1984 and ratified by the Republic on 10 December 1998;"court" means a court contemplated in section 166 of the Constitution;"public official" means any person holding public office and exercising or purporting to exercise a public power or a public function in terms of any legislation;"torture" has the meaning assigned to it in section 3; and"victim" means any person who has or has allegedly been subjected to an act of torture.2. Objects and interpretation of Act
3. Acts constituting torture
For the purposes of this Act, "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person—4. Offences and penalties
5. Factors to be considered in sentencing
Any court that imposes a sentence in respect of any offence under this Act must, when considering the presence of aggravating circumstances and without excluding other relevant factors, take the following factors into account:6. Extra-territorial jurisdiction
7. Liability
Nothing contained in this Act affects any liability which a person may incur under the common law or any other law.8. Expulsion, return or extradition
9. General responsibility to promote awareness
10. Regulations
11. Amendment of laws
The laws specified in the Schedule are hereby amended to the extent indicated in the third column thereof.12. Short title
This Act is called the Prevention and Combating of Torture of Persons Act, 2013.History of this document
29 July 2013 this version
Published in Government Gazette 36716
Commenced
24 July 2013
Assented to
Cited documents 4
Act 4
1. | Constitution of the Republic of South Africa, 1996 | 12334 citations |
2. | Criminal Procedure Act, 1977 | 4014 citations |
3. | Prevention of Organised Crime Act, 1998 | 1217 citations |
4. | Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 | 455 citations |
Documents citing this one 37
Gazette 25
Judgment 11
Act 1
1. | Refugees Act, 1998 | 181 citations |