General Laws Amendment Act, 2011
Act No. 5 of 2011
(c) any civil proceedings were pending against any transferred member in his or
her official capacity, such proceedings shall continue and be completed after
the fixed date in all respects as if such transferred member is a member of the
Public Service.".
4
Amendment of Cap. 9:07
The Criminal Procedure and Evidence Act [Chapter 9:07] is amended
(a) by the repeal of section 370 and the substitution of the following-"370No payment of security de restituendo where court makes
award against accused
Where a court makes an award or order in terms of this Part it shall not require
the injured party to give security for the repayment of the compensation or the return of
the property.";
(b) by the repeal of section 372 and the substitution of the following
"372 Enforcement of awards and orders
(1) No later than thirty days after an award or order is made in terms of this Part by
a court, any interested party shall, unless the accused has earlier complied with the
award or order, lodge a copy of the award or order with the clerk or registrar of the
court that made the award or order or, if that court has no civil jurisdiction, with the
clerk of a court within the same province having civil jurisdiction or the nearest High
Court registry, as the case may be:
Provided that if the award or order is not registered within the period allowed, the
interested party must apply to the registering court showing good cause why the period
should be extended in his or her favour.
(2) Upon lodgement of a copy of an award or order in terms of subsection (1) the
clerk or registrar shall record the award or order, and thereupon the award or order
shall have the same effect as a civil judgment of the court given against the person
who is named in the order as being liable to pay the compensation or restore the
property, as the case may be.
(3) Where an accused against whom an award or order is made in terms of this
Part appeals against his or her conviction, sentence or both, such appeal shall
(a) not be regarded as an appeal against the award or order, even if the
execution of the sentence is suspended conditionally upon payment of the
compensation or restitution of the property required by the award or order;
and
(b) not suspend or affect the award or order even if such appeal is successful.
(4) Where an accused against whom an award or order is made in terms of this Part
appeals against the award or order such appeal shall —
(a) be made only after the award or order is registered in
terms of subsection (1) or, if no such registration is made within the
period there provided, not earlier than thirty days from the date when
the award or order is made; and
-3-