REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 46. In this regard, the passing of the Prevention and Combating of Torture of Persons Act, 201339 is a milestone in our country’s strive towards universal human rights. The Prevention and Combating of Torture of Persons Act, 2013 aims to give effect to South Africa’s obligations arising from the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It aims to provide for the offence of torture of persons, to prevent and combat the torture of persons within or across the borders of South Africa and to impose a maximum penalty of R100 million or life imprisonment, or both, in the case of a conviction. 47. The Act, in its Preamble, provides that, mindful of a shameful history of gross human rights abuses including torture, the Republic of South Africa is committed, since 1994, to prevent and combat torture of persons. Furthermore, the Act gives recognition to the equal and inalienable rights of all persons as the foundation of freedom, dignity, justice and peace in the world. It recognises that the promotion of universal respect for human rights and the protection of human dignity are paramount; and seeks to ensure that no one is subjected to acts of torture.40 The Act provides for the prosecution of persons who commit offences of torture as well as setting out the appropriate penalties, which include life imprisonment. The Act further provides for the prohibition and the combating of torture; measures aimed at the prevention of torture; and also for the training of persons, who may be involved in the custody, interrogation or treatment of a person subjected to any form of arrest, detention or imprisonment. Another preventative measure is the development of programmes to promote public awareness about torture and the measures to combat it. 48. It should be stressed that prior to the promulgation of the Prevention and Combating of Torture of Persons Act, a number of legislative and other measures were put in place to deal with other forms of cruel, inhumane or degrading treatment or punishment of persons. These include measures such as provided for in the Correctional Services Amendment Act, 2008.41 49. In 2008, the Correctional Services Act, 199842 was amended through the Correctional Services Amendment Act, 2008.43 The amendments introduced in 2008 had far reaching positive implications in relation to South Africa’s commitment and efforts to prevent and combat acts of torture and cruel, inhuman and degrading punishment. The Correctional Services 39 Act No. 13 of 2013 The Act defines “torture’’ as any act “by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person— (a) for such purposes as to— (i) obtain information or a confession from him or her or any other person; (ii) punish him or her for an act he or she or any other person has committed, is suspected of having committed or is planning to commit; or (iii) intimidate or coerce him or her or any other person to do, or to refrain from doing, anything; or (b) for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity, but does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” 41 Act No. 25 of 2008 42 Act No. 111 of 1998 43 Act No. 25 of 2008 40 19