'National penalties - offences against the administration of justice' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.