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South Africa
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
Commenced
24 July 2013
Assented to
Cited documents 4
Legislation 4
Documents citing this one 33
Gazette 23
- Eastern Cape Provincial Gazette dated 2021-10-11 number 4637
- Eastern Cape Provincial Gazette dated 2023-09-18 number 4985
- Gauteng Provincial Gazette dated 2015-08-12 number 355
- Gauteng Provincial Gazette dated 2015-08-19 number 362
- Gauteng Provincial Gazette dated 2016-06-22 number 222
- Gauteng Provincial Gazette dated 2016-06-29 number 230
- Mpumalanga Provincial Gazette dated 2016-02-29 number 2657
- Mpumalanga Provincial Gazette dated 2018-11-23 number 2987
- Mpumalanga Provincial Gazette dated 2018-11-30 number 2990
- North-West Provincial Gazette dated 2016-10-25 number 7701
- North-West Provincial Gazette dated 2016-11-01 number 7705
- North-West Provincial Gazette dated 2017-09-05 number 7804
- South Africa Government Gazette dated 1955-02-25 number 5424
- South Africa Government Gazette dated 2013-07-29 number 36716
- South Africa Government Gazette dated 2014-01-27 number 37268
- South Africa Government Gazette dated 2015-12-15 number 39522
- South Africa Government Gazette dated 2017-08-02 number 41018
- South Africa Government Gazette dated 2017-12-18 number 41343
- South Africa Government Gazette dated 2020-01-03 number 42939
- South Africa Government Gazette dated 2020-12-23 number 44034
- South Africa Government Gazette dated 2021-10-08 number 45295
- South Africa Government Gazette dated 2022-01-28 number 45822
- South Africa Government Gazette dated 2022-10-28 number 47373 part 1
Judgment 9
- Absa Bank Limited (Pty) Ltd v Mudziviti (2022/00750) [2023] ZAGPJHC 287 (2 March 2023)
- Bank of Taiwan Incorporated in Republic of China t/a Bank of Taiwan South African Branch v Li Feng Textiles (Pty) Limited and Others (Application for Leave to Appeal) (20011/2022) [2023] ZAGPJHC 1481 (6 December 2023)
- D A v Minister of Home Affairs and Another [2021] ZACC 50 (30 December 2021)
- Independent Development Trust v Dealflow Acquisitions (Pty) Ltd and Others (2021/37505) [2022] ZAGPPHC 1029 (11 November 2022)
- Kouwenhoven v DPP (Western Cape) and Others (288/2021) [2021] ZASCA 120 (22 September 2021)
- Minister of Home Affairs v Ruta (30 of 2017) [2017] ZASCA 186 (13 December 2017)
- Minister of Justice and Constitutional Development and Others v Southern African Litigation Centre and Others (867/2015) [2016] ZASCA 17 (15 March 2016)
- National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another [2014] ZACC 30 (30 October 2014)
- Smith and Others v Minister of Justice and Correctional Services and Another (21639/2015) [2023] ZAGPJHC 1048 (31 August 2023)