Page:Immorality Amendment Act 1988.djvu/5

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Government Gazette, 4 March 1988
No. 111709

Immorality Amendment Act, 1988.
Act No. 2, 1988

(aA)

has unlawful carnal intercourse, or commits an act of indecency, with any other person for reward; or”; and

(b)

by the substitution for subsection (2) of the following subsection:

“(2) If it is made to appear to a magistrate by information on oath that there is reason to suspect that any house is used [by a female] for purposes of prostitution and that any person residing in or frequenting the house is living wholly or in part on the earnings of [the prostitute] prostitution, the magistrate may issue a warrant authorizing any police officer not below the rank of sergeant to enter and search the house and to arrest that person.”.


Amendment of section 21 of Act 23 of 1957, as amended by section 3 of Act 68 of 1967 and section 3 of Act 72 of 1985.

8. Section 21 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) Whenever in any prosecution for an offence under section 12A it is proved—

(a)

that the accused has performed any act [or has done anything or has furnished any information] for reward which was calculated [or likely] to enable any [male] person to communicate with [or to establish the whereabouts of or to trace] any [female] other person who [the accused had reason to believe to be] is a prostitute; or

(b)

that the other person with whom communication was made as a result of such act has had unlawful carnal intercourse, or has committed an act of indecency, with such person for reward,

the accused shall be presumed to have performed such act [or to have done such thing or to have furnished such information, as the case may be] with intent or while he reasonably ought to have foreseen the possibility that such [female be unlawfully carnally known by such male] other person may have unlawful carnal intercourse, or commit an act of indecency, with such person for reward unless the contrary is proved beyond reasonable doubt.”.


Amendment of section 22 of Act 23 of 1957, as substituted by section 4 of Act 68 of 1967 and amended by section 4 of Act 57 of 1969 and section 4 of Act 72 of 1985.

9. Section 22 of the principal Act is hereby amended—

(a)

by the substitution for paragraph (a) of the following paragraph:

(a)

in the case of an offence referred to in section 2 or 20 (1) (a) or (aA), to imprisonment for a period not exceeding three years with or without a fine not exceeding [six hundred rand] R6 000 in addition to such imprisonment;”;

(b)

by the substitution for paragraph (b) of the following paragraph:

(b)

in the case of an offence referred to in section 9 (1), to imprisonment for a period not exceeding five years, or, if the [female] child concerned is a boy under the age of 14 years or a girl under the age of [twelve] 12 years, for life;”;

(c)

by the substitution for paragraph (c) of the following paragraph:

(c)

in the case of an offence referred to in section 10, to imprisonment for a period not exceeding [five] seven years;”;

(d)

by the substitution for paragraph (f) of the following paragraph:

(f)

in the case of an offence referred to in section 14 (1), 14 (3), 15 or 17, to imprisonment for a period not exceeding six years with or without a fine not