Chapter 5
Miscellaneous (ss 33-40)

37 Offences against administration of justice in terms of Statute

(1) Any person who-

(a) in the Republic; or

(b) outside the territory of the Republic and who-

(i) is a South African citizen;

(ii) is not a South African citizen but who is ordinarily resident in the Republic;

(iii) after the commission of the offence, is present in the territory of the Republic; and

(c) during his or her interaction, in any matter whatsoever, with the Court, in respect of any matter over which the Court has jurisdiction and whether or not the Court is functioning in the Republic or not, intentionally-

(i) gives false evidence when under an obligation to tell the truth pursuant to paragraph 1 of Article 69 of the Statute;

(ii) presents evidence that he or she knows is false or forged;

(iii) corruptly influences a witness, obstructs or interferes with the attendance or evidence of a witness, retaliates against a witness for giving evidence or destroys, tampers with or interferes with the collection of evidence;

(iv) impedes, intimidates or corruptly influences an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform his or her duties improperly;

(v) retaliates against an official of the Court on account of duties performed by that or another official;

(vi) solicits or accepts a bribe as an official of the Court in connection with his or her official duties,

is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years, or to both a fine and such imprisonment.

(2) A prosecution may only be instituted against a person referred to in this section-

(a) with the consent of the National Director; and

(b) at the request of the Court through the Central Authority.

(3) The Cabinet member responsible for the administration of justice must, in consultation with the Chief Justice of South Africa and after consultation with the National Director and, in writing, designate an appropriate High Court or Magistrates Court as contemplated in section 166 (d) of the Constitution in which to conduct a prosecution against any person against whom a prosecution is instituted in terms of this section.

(4) If the National Director declines to prosecute a person under this section, he or she must provide the Central Authority with full reasons for his or her decision and the Central Authority must forward that decision, together with the reasons, to the Registrar of the Court.

Article 70
Offences against the administration of justice
4. (b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.