Implementation of the Geneva Conventions Act, 2012 (Act No. 8 of 2012)Chapter 3 : Jurisdiction and Status8. Determination of status |
| 1) | Any person charged with an offence in terms of this Act may apply to the court before which he or she has been arraigned for a declaration that he or she has the status of protected prisoner of war or protected internee. |
| 2) | When doubt exists as to whether or not a person charged with an offence in terms of this Act is a protected prisoner of war or a protected internee, the appropriate prosecuting authority may apply to the court before which that person has been arraigned for a declaration that that person does not have the status of protected prisoner of war or protected internee. |