POSITION OF ACTS: 28 FEBRUARY 2001


ACT


POSITION


REMARKS



1996 ACTS



Justice Laws Rationalisation Act, 1996 (Act 18 of 1996)
(Contact person: Mr S J Robbertse at tel no
012-315 1708)


* Commenced on 1/4/97, except for the repeal of the Ombudsman laws in various former TBVC-States and Self-governing Territories.
* The Bophuthatswana Ombudsman Acts were repealed with effect from 1/4/99.
* The Transkei and QwaQwa Ombudsman legislation were repealed with effect from 1/8/2000.



Legal Aid Amendment Act, 1996 (Act 20 of 1996): Provides, inter alia, for the establishment of a new Board, the new Legal Aid Guide and the application of the Legal Aid Act throughout the Republic.
(Contact person: Mrs A Stelling at tel no 012-315 1705)


* Section 1(a) was put into operation on 17/10/97.
* Sections 6 and 7 were put into operation on 1/4/98.
* Sections 3, 4 and 5 were put into operation on 1/10/98.
* No date for the commencement of sections 1(b) and 2 is set.


* Section 1(b): The section indirectly refers to the Legal Aid Guide which is not yet finalised.
* Section 2: Await the finalisation of the Legal Aid Guide.


Magistrates Amendment Act, 1996 (Act 35 of 1996): Provides, inter alia, for the restructuring of the Commission and that a complaints committee be established.
(Contact person: Mrs A Stelling at tel no 012-315 1705)


Commenced on 1/10/98



The Commission on Gender Equality Act, 1996 (Act 39 of 1996)
(Contact person: Mr S J Robbertse at tel no 012-315 1708)


Commenced on 08/08/96



Special Investigating Units and Special Tribunals Act, 1996 (Act 74 of 1996)
(Contact person: Mr S J Robbertse at tel no 012 - 315 1708)


Commenced on 20/11/96



International Child Abduction Act, 1996 (Act 72 of 1996)
(Contact person: Mr J M van Rensburg at tel no 012- 315 1709)


Commenced on 1/10/97



International Co-operation in Criminal Matters, 1996 (Act 75 of 1996)
(Contact person: Mr J M van Rensburg at tel no 012-315 1709)


Commenced on 1/01/98



Proceeds of Crime Act, 1996 (Act 76 of 1996)
(Contact person: Mr J M van Rensburg at tel no 012-315 1709)


Commenced on 16/5/97


This Act has been repealed by the Prevention of Organised Crime Act, 1998.


Extradition Amendment Act, 1996 (Act 77 of 1996): Provides, inter alia, for obtaining evidence from foreign states, supplying evidence to those states and transferring proceeds of crime
(Contact person: Mrs A Stelling at tel no 012-315 1705)


Commenced on 17/1/97



Criminal Procedure Amendment Act, 1996 (Act 86 of 1996): The Act primarily aims to eliminate delays in the finalisation of criminal trials
(Contact person: Mr S J Robbertse at tel no 012-315 1708)


Commenced on 1/9/97, except for sections 2, 11 and 13 in so far as it inserts subsections (3)(e) and (5) of section 342A of the Criminal Procedure Act, 1977


* Section 2 which provides that the court may appoint a legal representative for an unrepresented accused cannot be put into operation before the Legal Aid Amendment Act, 1996 (Act 20 of 1996), has been implemented.
* Section 11 which abolishes confessions to police officers was referred to the Parliamentary Committees for reconsideration on 20/6/2000.
* Section 13 of the Act which deals with cost orders against a party who delays criminal proceedings cannot be implemented due to financial and personnel implications and other practical problems. The matter was referred to the Parliamentary Committees for reconsideration on 21/6/2000.


Criminal Procedure Second Amendment Act, 1996 (Act 85 of 1996): The Act further regulates the use of the trapping system
(Contact person: S J Robbertse tel no 012-315 1708)


Commenced on 20/11/1996



Judicial Matters Amendment Act, 1996 (Act 104 of 1996): Provides, inter alia, for the deletion or rectification of certain obsolete provisions


Commenced on 14/2/1997




1997 ACTS



Prescribed Rate of Interest Amendment Act, 1997 (Act 7 of 1997)


Commenced on 11/4/1997



Promotion of National Unity and Reconciliation Amendment Act, 1997 (Act 18 of 1997)


Commenced on 27/6/97



Abolition of Corporal Punishment Act, 1997 (Act 33 of 1997)


Commenced on 5/9/97



State of Emergency Act, 1997 (Act 64 of 1997)


Commenced on 21/11/97



Divorce Courts Amendment Act, 1997 (Act 65 of 1997)


Commenced on 6/4/98



Contingency Fees Act, 1997 (Act 66 of 1997)
(Contact person: Mr S J Robbertse at tel no 012-315 1708)


Commenced on 23/4/99.



Criminal Procedure Amendment Act, 1997 (Act 76 of 1997): The Act further regulates appeals against decisions of lower courts
(Contact person: Mr S J Robbertse at tel no 012-315 1708)


* Sections 1 - 3 commenced on 28/5/99.
* Legal Aid Directives had been tabled in Parliament on 16 February 2001 and will be published pari pasu with the proclamation whereby section 4 will be implemented.


Section 4: Will be implemented with effect from 6 April 2001


Judges’ Remuneration and Conditions of Employment Amendment Act, 1997 (Act 77 of 1997)


Commenced on 5/12/1997



Qualifications of Legal Practitioners Amendment Act, 1997 (Act 78 of 1997)


Commenced on 5/12/1997



Constitutional Court Complementary Act Amendment Act, 1997 (Act 79 of 1997)
Contact person: Mrs W Louw at tel no 012-315 1701)


Commenced on 28/5/98



Magistrates' Courts Amendment Act, 1997 (Act 80 of 1997): The Act amends section 110 to bring it in line with section 170 of the Constitution


Commenced on 10/12/97



Magistrates' Courts Amendment Act, 1997 (Act 81 of 1997): Debt-recovery procedure


Commenced on 10/12/97



Criminal Procedure Second Amendment Act, 1997 (Act 85 of 1997)
Bail
(Contact person: Mr S J Robbertse at tel 012-315 1708)


Commenced on 1/8/98



Natural Fathers of Children Born out of Wedlock Act, 1997 (Act 86 of 1997)
(Contact person: Mr J van Rensburg at tel 012-315 1709)


Commenced on 4/9/98


The Adoption Matters Amendment Act, 1998, repealed section 6 of the Act.


Criminal Law Amendment Act, 1997 (Act 105 of 1997): Conversion of death sentences and imposition of minimum sentences
(Contact person: Mr J Geldenhyus at tel 012-315 1700)


* Sections 51 to 53 dealing with minimum sentences commenced on 1/5/98.
* The remaining provisions commenced on 13/11/98.


Sections 51 to 53 were extended for one year with effect from 1 May 2000.



1998 ACTS



National Prosecuting Authority Act, 1998 (Act 32 of 1998)
(Contact person: Mrs W Louw at tel 012-315 1701)


* Sections 9, 10, 12 and 17 commenced on 1/8/98.
* The remainder of the Act, except section 38, commenced on 16/10/98.
* Section 38 commenced on 23/4/99.



Promotion of National Unity and Reconciliation Amendment Act, 1998 (Act 33 of 1998)
(Contact person: C van Vuuren, at tel 012-315 1706)


Commenced on 30/04/98



Judicial Matters Amendment Act, 1998 (Act 34 of 1998): Amends a number of Acts and prohibits certain acts concerning military, paramilitary and similar operations.
(Contact person: S J Robbertse, at tel 012-315 1708)


* Section 1 commenced on 31/3/99.
* Sections 2, 6, 7, 11, except in so far as it inserts section 16B in the Criminal Law Second Amendment Act, 1992, 12 to 18 and 20 were put into operation on 15/1/99.
* Section 11, in so far as it inserts section 16B in the Criminal Law Second Amendment Act, 1992, was put into operation on 1/499.
* Section 26 of the Act provides implementation dates for the remaining sections.



Magistrates Amendment Act, 1998 (Act 66 of 1998): The Act provides for the cluster system and regulates administrative powers of magistrates
(Contact person: Mrs A Stelling at tel 012-315 1705)


Commenced on 7/10/98



Magistrates' Courts Amendment Act, 1998 (Act 67 of 1998)
Lay assessors
(Contact person: Mr J van Rensburg at tel 012-315 1709)


* Section 2 partially (recusal of assessor) commenced on 20/4/2000.
* No date has been set for the remainder of the sections.

(R3,6 million available for year for implementation)


* The Act has substantial financial, accommodation and practical implications, which have to be fully investigated before it can be implemented.
* A report from Courts re incremental implementation is awaited.
* Regulations under the Act have been drafted and are ready to be submitted to the Minister as soon as the investigation has been completed. A memorandum in this regard will soon be submitted to the Minister.


Criminal Matters Amendment Act, 1998 (Act 68 of 1998)
State patients
(Contact person: Mr S Robbertse at tel 012-315 1708)


No date for commencement set


* Financial implications and practical problems which are being experienced with some provisions of the Act delay the implementation.
* Legal Aid directives under section 7 had been tabled in Parliament on 16 February 2001.
* Awaits amending legislation to remedy certain defects in the Act before it can be implemented.


Sheriffs Amendment Act, 1998 (Act 74 of 1998): Provides, inter alia, for the rationalisation of legislation regarding the sheriffs' profession
(Contact person: Mrs A Stelling at tel 012-315 1705)


* Commenced, with the exception of section 2, on 1/3/99
* Section 2 commenced on 1/9/2000


* Regulations were formulated and submitted to the Board and Institute for comment, which are still being awaited.


Maintenance Act, 1998 (Act 99 of 1998)
(Contact person: Mrs C van Vuuren at tel 012-315 1706)


* Commenced, with the exception of sections 5 and 7(1)(d) and (2), on 26/11/99
* No date for the commencement of sections 5 and 7(1)(d) and (2) is set.

(R5 million available for year for implementation)


Sections 5 and 7(1)(d) and (2): A policy regarding the appointment of maintenance investigators must be determined. On finalisation of the policy the regulations will be amended accordingly.


Witness Protection Act, 1998 (Act 112 of 1998) (Contact person: Mrs W Louw at tel 012-315 1701)


Commenced, with the exception of sections 6 and 20, on 31/3/00

No date for commencement of sections 6 and 20 set

Establishment of branch offices


* Section 6: Options to solve problems relating to the secondment of members of SAPS are being explored.
* Section 20: Will be implemented as soon as the draft regulations have been finalised. The draft regulations have been checked by the State Law Advisers. A letter for purposes of consultation with the Minister of Finance is being prepared.

A memorandum to the Minister to advise him on the establishment of Branch Offices is being prepared.


Public Protector Amendment Act, 1998 (Act 113 of 1998)
(Contact person: Mr J Geldenhyus at tel 012-315 1700)


Commenced on 27/11/98



Debt Collectors Act, 1998 (Act 114 of 1998): Provides, inter alia, for the establishment of a Council for debt collectors to exercise control over the occupation of debt collector
(Contact person: Mrs A Stelling at tel 012-315 1705)


* Sections 1 - 7 were put into operation with effect from 21/1/00
* No date set for the commencement of the remaining sections.


* The members of the Council for Debt Collectors were appointed with effect from 1 July 2000.
* The further implementation of the Act depends on the recommendation of the Council.
* Draft regulations were submitted to the Council for comment. The Council’s response is being awaited.


Attorneys and Matters relating to Rules of Court Amendment Act, 1998 (Act 115 of 1998)
(Contact person: Mr S Robbertse at tel 012-315 1708)


Commenced on 15/1/99



Domestic Violence Act, 1998 (Act 116 of 1998)
(Contact person: Mr J van Rensburg at tel 012-315 1709)


Commenced on 15/12/99



Recognition of Customary Marriages Act, 1998 (Act 120 of 1998)
(Contact person: Mr S Robbertse at tel 012-315 1708)


The Act and regulations under the Act will come into operation with effect of 15 November 2000.



Prevention of Organised Crime Act, 1998 (Act 121 of 1998)
(Contact person: Mr J van Rensburg at tel 012-315 1709)


Commenced on 21/1/99


This Act repeals the Proceeds of Crime Act, 1996.


Judicial Matters Second Amendment Act, 1998 (Act 122 of 1998): Amends a number of provisions of the Insolvency Act, 1936, and provides for technical amendments to various other Acts.
(Contact person: Mr S Robbertse at tel 012-315 1708)


* Sections 6, 9 and 11 to 15 commenced on 1/4/99.
* Sections 1 to 5 and 10 commenced on 1/9/00.


* Sections 7 and 8 (Sec 49): It was intended to put these sections into operation with effect from 1 August 2000. On request, the sections were not put into operation. Consultation between the two Ministers involved is being arranged.
* The Minister decided unilaterally that sections 7 and 8 should be implemented with effect from 1 December 2000. The necessary documentation in this regard was drafted and submitted to the Minister by HMS. The President’s Office decided against the implementation of the sections at the aforementioned date. It is up to the Minister to deliberate with the Minister of Safety and Security to come to an agreement regarding the implementation of these sections.






1999 ACTS



Prevention of Organised Crime Amendment Act, 1999 (Act 24 of 1999)


Commenced on date of publication: 28 April 1999



Judicial Matters Amendment Act, 1999 (Act 26 of 1999)


Commenced on date of publication: 28 April 1999



Prevention of Organised Crime Second Amendment Act, 1999 (Act 38 of 1999)


Commenced on date of publication: 7 September 1999




2000 ACTS



Promotion of Access to Information Act, 2000 (Act 2 of 2000)
(Contact person: Mrs C van Vuuren at tel 012-315 1706)


A recommendation regarding the implementation of the Act, with the exception of sections 10, 14, 16 and 51, was submitted to the Minister on 23 February 2001.


* Draft regulations for the purposes of sections 18(1), 22, 53(1), 54 and 75 were sent to interested parties for comment. The closing date for comment was 31/7/00.
The draft regulations were finalized and scrutinised by the State Law Advisers.

* Draft regulations were submitted to the Minister and to the Department of State Expenditure for approval.
*Draft regulations were approved by the Minister on 23 October 2000. The approval of State Expenditure has been obtained. A memo to the Minister to promulgate the regulations and advise the President on a date of commencement is submitted to the Minister on 23 February 2001.
* Remaining sections: Draft regulations must be formulated. Role players were approached for comment.


Promotion of Administrative Justice Act, 2000 (Act 3 of 2000)
(Contact person: Mr J van Rensburg at tel 012-315 1709)


The Act, with the exclusion of sections 4 and 10, came into operation on 30/11/2000. The commencement of the remainder of the Act is dependent on the finalisation of regulations.


Draft regulations have been formulated and discussed at a workshop. The draft regulations have been finalised and distributed to role players for comment. These comments have been considered. Amendments to the draft regulations to accommodate the comment received is being effected. A date for the implementation of the remainder of the Act will soon be determined.


Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)
(Contact person: Mrs A Stelling at tel 012-315 1705)


* Sections 1, 2, 3, 4(2), 5, 6, 29 (with the exception of subsection (2)), 32, 33 and 34(1) commenced on 1/9/2000.

*It is envisaged to put the remainder of the Act , with the exclusion of the sections relating to promotion,into operation during April 2001.


* Draft regulations were formulated and sent out to interested parties for comment. After the evaluation process it was decided to discuss it on a workshop to be arranged by HDW, which took place and the regulations are in the process of being amended. The regulations was submitted to the State Law Advisers and their input in currently awaited where after the draft regulations must be submitted to the State Language Services and the Department of State Expenditure
* In terms of section 30 the Regulations must be tabled in Parliament before publication.


Protected Disclosures Act, 2000 (Act 26 of 2000)
(Contact person: Mrs W Louw at tel 012-315 1701)


* Commenced on 16.2.01.


Practical guidelines in terms of section 10(4) are being attended to with a view to finalising it as soon as possible.


National Prosecuting Authority Amendment Act, 2000 (Act 61 of 2000)
(Contact person: Mrs W Louw at tel 012-315 1701)


* Commenced on 12.1.01

* Regulations


*Regulations in respect of certain matters will be published in the Gazette on 2.2.01. Detailed regulations are being drafted by the Office of the NDPP.


Judicial Matters Amendment Act, 2000 (Act 62 of 2000)

(Contact person: Mrs W Louw at tel 012-315 1701)


Proposed date of implementation: 26.4.01.


Comment of interested parties was requested.