REPUBLIC OF SOUTH AFRICA
JUDICIAL MATTERS AMENDMENT BILL
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(As introduced in the National Assembly as a section 75-Bill; explanatory summary of Bill published in Government Gazette No. of 2001) (The English text is the official text of the bill)
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(MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT)
[B - 2001]
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REPUBLIEK VAN SUID-AFRIKA
WYSIGINGSWETSONTWERP OP GEREGTELIKE AANGELEENTHEDE
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(Soos ingedien in die Nasionale Vergadering as 'n artikel 75-wetsontwerp; verduidelikende opsomming van Wetsontwerp in Staatskoerant No. van 2001 gepubliseer) (Die Afrikaanse teks is die amptelike vertaling van die Wetsontwerp)
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(MINISTER VAN JUSTISIE EN STAATKUNDIGE ONTWIKKELING)
[W - 2001]
040601se
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
___________ Words underlined with a solid line indicate insertions in existing enactments.
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B I L L
To amend the Administration Amendment Act, 1929, so as to further regulate the jurisdiction of the Divorce Courts; to amend the South African Law Commission Act, 1973, so as to bring the appointment of a member of the judiciary as chairperson of the South African Law Commission into line with the court structure as provided for in the Constitution; to amend the Criminal Procedure Act, 1977, so as to further regulate the referral of an accused in order to inquire into his or her capacity to understand criminal proceedings or regarding the criminal responsibility of an accused concerning the offence with which he or she is charged; to amend the Rules Board for Courts of Law Act, 1985, so as to bring the designation of a member of the judiciary as chairperson or vice-chairperson of the Rules Board for Courts of Law into line with the court structure as provided for in the Constitution; to amend the General Law Third Amendment Act, 1993, so as to repeal an obsolete provision; to amend the General Law Fourth Amendment Act, 1993, so as to repeal obsolete provisions; to amend the General Law Sixth Amendment Act, 1993, so as to repeal an obsolete provision; to amend the Criminal Law Amendment Act, 1997, in order to regulate the period of operation of sections 52A and 52B; to amend the National Prosecuting Authority Act, 1998, in order to regulate certain executive functions of the Minister; to amend the Maintenance Act, 1998, so as to provide that any maintenance or related order may be enforced by a maintenance court other than the court where such order was made; to amend the Promotion of Access to Information Act, 2000, so as to effect certain textual corrections; to amend the Promotion of Administrative Justice Act, 2000, so as to effect a textual correction; and to provide for matters connected therewith.
B
E IT ENACTED by the Parliament of the Republic of South Africa, as follows:—Amendment of section 10 of Act 9 of 1929, as amended by section 5 of Act 42 of 1942, section 27 of Act 56 of 1949, section 26 of Act 54 of 1952, section 2 of Act 34 of 1986, section 1 of Act 51 of 1991 and section 1 of Act 65 of 1997
1. Section 10 of the Administration Amendment Act, 1929, is amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:
"(a) Notwithstanding anything to the contrary in any other law contained, the President may by proclamation in the Gazette establish Divorce Courts which shall have jurisdiction to hear and determine suits relating to the nullity of a marriage and relating to divorce between persons and to decide upon any question arising therefrom, and to hear any matter and grant any order provided for in terms of the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998), if the parties are or if either of the parties is—
(i) domiciled in the area of jurisdiction of the court on the date on which the [action is] proceedings are instituted; or
(ii) ordinarily resident in the area of jurisdiction of the court on the said date and has or have been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.".
Amendment of section 3 of Act 19 of 1973, as amended by section 1 of Act 85 of 1984 and section 4 of Act 18 of 1996
2. Section 3 of the South African Law Commission Act, 1973, is amended by the substitution for subparagraph (i) of paragraph (a) of subsection (1) of the following subparagraph:
"(i) A judge of the [Supreme Court of South Africa] Constitutional Court, the Supreme Court of Appeal or a High Court, as [chairman] chairperson;".
Amendment of section 9 of Act 19 of 1973, as substituted by section 6 of Act 85 of 1984 and amended by section 4 of Act 18 of 1996
3. Section 9 of the South African Law Commission Act, 1973, is amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:
"(a) is a judge of the [Supreme Court of South Africa] Constitutional Court, the Supreme Court of Appeal or a High Court shall, notwithstanding anything to the contrary contained in any other law, in addition to his or her salary and any allowance, including any allowance for reimbursement of travelling and subsistence expenses, which may be payable to him or her in his or her capacity as such a judge, be entitled to such allowance (if any) in respect of the performance of his or her functions as such a member as the President may determine;".
Amendment of section 79 of Act 51 of 1977, as amended by section 4 of Act 4 of 1992, section 17 of Act 116 of 1993, section 44 of Act 129 of 1993, section 28 of Act 105 of 1997 and section 6 of Act 68 of 1998
4. Section 79 of the Criminal Procedure Act, 1977, is amended by—
(a) the substitution for subsection (8) of the following subsection:
"(8) A psychiatrist and a clinical psychologist appointed under subsection (1), other than a psychiatrist appointed [by] for the accused, shall, subject to the provisions of subsection (10), be appointed from the list of psychiatrists and clinical psychologists referred to in subsection (9)(i).";
(b) the substitution for subsection (9) of the following subsection:
"(9) The Director-General: [National] Health [and Population Development] shall compile and keep a list of—
(i) psychiatrists and clinical psychologists who are prepared to conduct any enquiry under this section; and
(ii) [section 286A(3)] psychiatrists who are prepared to conduct any enquiry under section 286A (3),
and shall provide the registrars of the [several divisions of the supreme court] High Courts and all clerks of magistrates' courts with a copy thereof.";
(c) the substitution for subsection (10) of the following subsection:
"(10) Where the list compiled and kept under subsection (9)(i) does not include a sufficient number of psychiatrists or clinical psychologists who may conveniently be appointed for any enquiry under this section, a psychiatrist or clinical psychologist may be appointed for the purposes of such enquiry notwithstanding that his or her name does not appear on such list.";
(d) the substitution for subsection (11) of the following subsection:
"(11) (a) A psychiatrist or clinical psychologist designated or appointed under subsection (1) by or at the request of the court to enquire into the mental condition of an accused and who is not in full-time service of the State, shall be compensated for his or her services in connection with the enquiry from public funds in accordance with a tariff determined by the Minister in consultation with the Minister of Finance.
(b) A psychiatrist appointed under subsection (1)(b)(iii) [by an] for the accused to enquire into the mental condition of the accused and who is not in the full-time service of the State, shall be compensated for his or her services from public funds in the circumstances and in accordance with a tariff determined by the Minister in consultation with the Minister of Finance."; and
(e) the substitution for subsection (12) of the following subsection:
"(12) For the purposes of this section a psychiatrist or a clinical psychologist means a person registered as a psychiatrist or a clinical psychologist under the [Medical, Dental and Supplementary] Health [Service] Professions Act, 1974 (Act 56 of 1974).".
Amendment of section 3 of Act 107 of 1985, as amended by section 2 of Act 77 of 1989 and section 22 of Act 62 of 2000
5. Section 3 of the Rules Board for Courts of Law Act, 1985, is amended by the substitution for paragraphs (a) and (b) of subsection (1) of the following paragraphs, respectively:
"(a) a judge of the Constitutional Court, the Supreme Court of Appeal or a High Court, whom the Minister designates as the chairperson;
(b) a judge or retired judge of the Constitutional Court, the Supreme Court of Appeal or a High Court, whom the Minister designates as the vice-chairperson;".
Amendment of section 8 of Act 107 of 1985, as amended by section 4 of Act 18 of 1996 and section 24 of Act 62 of 2000
6. Section 8 of the Rules Board for Courts of Law Act, 1985, is amended by the substitution for subsection (1) of the following subsection:
"(1) A member of the Board who is a judge of the Constitutional Court, the Supreme Court of Appeal or a High Court shall be entitled to such allowance for travelling and subsistence expenses incurred by him or her in the performance of his or her functions in terms of this Act as the Minister with the concurrence of the Minister of Finance may determine.".
Repeal of section 70 of Act 129 of 1993
7. Section 70 of the General Law Third Amendment Act, 1993, is repealed.
Repeal of sections 25 and 36 of Act 132 of 1993
8. Sections 25 and 36 of the General Law Fourth Amendment Act, 1993, are repealed.
Repeal of section 24 of Act 204 of 1993
9. Section 24 of the General Law Sixth Amendment Act, 1993, is repealed.
Amendment of section 53 of Act 105 of 1997, as substituted by section 36 of Act 62 of 2000
10. Section 53 of the Criminal Law Amendment Act, 1997, is amended by—
(a) the substitution for subsection (1) of the following subsection:
"(1) Sections 51 and 52 [, 52A and 52B] shall, subject to subsections (2) and (3), cease to have effect after the expiry of two years from the commencement of this Act."; and
(b) the insertion after subsection (2) of the following subsection:
"(2A) Sections 52A and 52B shall lapse on the date when sections 51 and 52 cease to have effect.".
Amendment of section 19C of Act 32 of 1998, as inserted by section 8 of Act 61 of 2000
11. Section 19C of the National Prosecuting Authority Act, 1998, is amended by the substitution for subsection (1) of the following subsection:
"(1) The remuneration, allowances and other service benefits of special investigators are determined by the Minister, [in] after consultation with the National Director and with the concurrence of the Minister of Finance.".
Amendment of section 40 of Act 32 of 1998, as amended by section 17 of Act 61 of 2000
12. Section 40 of the National Prosecuting Authority Act, 1998, is amended by the substitution for the words preceding paragraph (a) of subsection (2) of the following words:
"(2) The Minister may, [in] after consultation with the National Director, make regulations regarding the Directorate of Special Operations, prescribing—".
Amendment of section 26 of Act 99 of 1998
13. Section 26 of the Maintenance Act, 1998, is amended by the substitution for paragraph (a) of subsection (2) of the following paragraph:
"(a) If any maintenance order made under this Act or any order made under section 16(1)(a)(ii), 20 or 21(4) has remained unsatisfied for a period of ten days from the day on which the relevant amount became payable or any such order was made, as the case may be, the person in whose favour any such order was made may apply [to the maintenance court where any such order was made] within the area of jurisdiction of the Maintenance court where that person is resident —
(i) for the authorisation of the issue of a warrant of execution referred to in section 27(1);
(ii) for an order for the attachment of emoluments referred to in section 28(1); or
(iii) for an order for the attachment of any debt referred to in section 30(1).".
Amendment of the index to Act 2 of 2000
14. The index to the Promotion of Access to Information Act, 2000 (hereinafter referred to as the principal Act) is amended by the substitution under Chapter 2 of Part 1 for item 7 of the following item:
"7. Act not applying to records [required] requested for criminal or civil proceedings after commencement of proceedings".
Amendment of section 1 of Act 2 of 2000
15. Section 1 of the principal Act is amended by the substitution for subparagraph (ii) of paragraph (a) of the definition of "information officer" of the following subparagraph:
"(ii) not so mentioned, means the Director-General, head, executive director or equivalent officer, respectively, of that national department, provincial administration or organisational component, respectively, or the person who is acting as such;".
Amendment of section 2 of Act 2 of 2000
16. Section 2 of the principal Act is amended by the substitution for subsection (2) of the following subsection:
"(2) Section 12 must not be construed as excluding—
(a) the Cabinet and its committees; or
(b) an individual member of Parliament or of a provincial legislature,
from the operation of the definition of 'requester' in relation to a private body in section 1, section [49] 50 and all other provisions of this Act related thereto.".
Substitution of heading of section 7 of Act 2 of 2000
17. The following heading is substituted for the heading to section 7 of the principal Act:
"Act not applying to records [required] requested for criminal or civil proceedings after commencement of proceedings".
Amendment of section 10 of Act 2 of 2000
18. Section 10 of the principal Act is amended by the substitution for subparagraph (ii) of paragraph (b) of subsection (2) of the following subparagraph:
"(ii) every deputy information officer of every public body [appointed] designated in terms of section 17(1);".
Substitution of section 12 of Act 2 of 2000
19. The following section is substituted for section 12 of the principal Act:
"Act not applying to certain public bodies or officials thereof
12. This Act does not apply to a record [of]—
(a) of the Cabinet and its committees;
(b) relating to the judicial functions of—
(i) a court referred to in section 166 of the Constitution;
(ii) a Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996); or
(iii) a judicial officer of such court or Special Tribunal; or
(c) of an individual member of Parliament or of a provincial legislature in that capacity.".
Amendment of section 13 of Act 2 of 2000
20. Section 13 of the principal Act is amended by the substitution for the words preceding paragraph (a) of the following words:
"For the purposes of this Act, the Minister may, on his or her own accord or on the request of the relevant public body or bodies or a body referred to in paragraph (c), [in the prescribed manner and] by notice in the Gazette—".
Amendment of section 14 of Act 2 of 2000
21. Section 14 of the principal Act is amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:
"(b) the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of the body and of every deputy information officer of the body [appointed] designated in terms of section 17(1);".
Amendment of section 28 of Act 2 of 2000
22. Section 28 of the principal Act is amended by the substitution for subsection (2) of the following subsection:
"(2) If a request for access to—
(a) a part of a record is granted; and
(b) the other part of the record is refused,
as contemplated in subsection (1), the provisions of section 25(2) apply to paragraph (a) of this [section] subsection and the provisions of section 25(3) apply to paragraph (b) of this [section] subsection.".
Amendment of section 32 of Act 2 of 2000
23. Section 32 of the principal Act is amended by the renumbering of paragraphs (g), (h), (i) and (j) to paragraphs (f), (g), (h) and (i), consecutively.
Amendment of section 34 of Act 2 of 2000
24. Section 34 of the principal Act is amended by the substitution for subparagraph (iii) of paragraph (f) of subsection (2) of the following subparagraph:
"(iii) the classification, salary scale [or] , remuneration and responsibilities of the position held or services performed by the individual; and".
Amendment of section 36 of Act 2 of 2000
25. Section 36 of the principal Act is amended by the substitution for paragraph (c) of subsection (2) of the following paragraph:
"(c) about the results of any product or environmental testing or other investigation supplied by[,] a third party or the result of any such testing or investigation carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk.".
Amendment of section 39 of Act 2 of 2000
26. Section 39 of the principal Act is amended by the substitution for subparagraph (iii) of paragraph (b) of subsection (3) of the following subparagraph:
"(iii) state adequate reasons for the refusal, as required by section 25(3), in so far as they can be given without causing the harm contemplated in [any provision of] subsection (1)(a) or (b); and".
Amendment of section 41 of Act 2 of 2000
27. Section 41 of the principal Act is amended by the substitution for paragraph (a) of subsection (4) of the following paragraph:
"(a) If a request for access to a record of a public body may be refused in terms of subsection (1), or could, if it existed, be so refused, and the disclosure of the existence or non-existence of the record would be likely to cause the harm contemplated in [any provision of] subsection (1), the information officer concerned may refuse to confirm or deny the existence or non-existence of the record.".
Amendment of section 42 of Act 2 of 2000
28. Section 42 of the principal Act is amended by—
(a) the substitution for subsection (4) of the following subsection:
"(4) The information referred to in subsection (2)(c)(i) includes, without limiting the generality of that subsection, information about an agreement, or contemplated agreement, to transfer any interest in or right to shares in the capital of a public body to any person which is not a public body referred to in paragraph (a) or (b)(i) of the definition of "public body" in section 1."; and
(b) the substitution for paragraph (c) of subsection (5) of the following paragraph:
"(c) about the results of any product or environmental testing or other investigation supplied by[,] a public body or the results of any such testing or investigation carried out by or on behalf of a public body, and its disclosure would reveal a serious public safety or environmental risk.".
Amendment of section 44 of Act 2 of 2000
29. Section 44 of the principal Act is amended by the substitution for subsection (4) of the following subsection:
"(4) A record may not be refused in terms of subsection (1) or (2) insofar as it consists of an account [of,] or a statement of reasons required to be given in accordance with section 5 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).".
Amendment of section 52 of Act 2 of 2000
30. Section 52 of the principal Act is amended by—
(a) the substitution for subparagraph (ii) of paragraph (a) of subsection (1) of the following subparagraph:
"(ii) for purchase or copying from the private body; and"; and
(b) the substitution for subsection (3) of the following subsection:
"(3) The only fee payable (if any) for access to a record [described in a list so prescribed] included in a notice in terms of subsection (2) is a prescribed fee for reproduction.".
Amendment of section 56 of Act 2 of 2000
31. Section 56 of the principal Act is amended by the substitution for paragraph (c) of subsection (2) of the following paragraph:
"(c) that the requester may lodge an application with a court against the access fee to be paid or the form of access granted, and the procedure, including the period allowed, for lodging the application.".
Amendment of section 59 of Act 2 of 2000
32. Section 59 of the principal Act is amended by the substitution for subsection (2) of the following subsection:
"(2) If a request for access to—
(a) a part of a record is granted; and
(b) the other part of the record is refused,
as contemplated in subsection (1), the provisions of section 56(2) apply to paragraph (a) of this [section] subsection and the provisions of section 56(3) apply to paragraph (b) of this [section] subsection.".
Amendment of section 61 of Act 2 of 2000
33. Section 61 of the principal Act is amended by the substitution for subsection (1) of the following subsection:
"(1) If the head of a private body who grants, in terms of section 50, a request for access to a record provided by a health practitioner in his or her capacity as such about the physical or mental health, or well-being—
(a) of the requester; or
(b) if the request has been made on behalf of the person to whom the record relates, of that person,
(in this section, the requester and person referred to in paragraphs (a) and (b), respectively, are referred to as the 'the relevant person'), is of the opinion that the disclosure of the record to the relevant person might cause serious harm to his or her physical or mental health, or well-being, the [information officer] head may, before giving access in terms of section 60, consult with a health practitioner who, subject to subsection (2), has been nominated by the relevant person.".
Amendment of section 64 of Act 2 of 2000
34. Section 64 of the principal Act is amended by the substitution for paragraph (b) of subsection (2) of the following paragraph:
"(b) the results of any product or environmental testing or other investigation supplied by[,] a third party or the results of any such testing or investigation carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk.".
Amendment of section 68 of Act 2 of 2000
35. Section 68 of the principal Act is amended by the substitution for subsection (2) of the following subsection:
"(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about the results of any product or environmental testing or other investigation supplied by the private body or the results of any such testing or investigation carried out by or on behalf of the private body and its disclosure would reveal a serious public safety or environmental risk.".
Amendment of section 83 of Act 2 of 2000
36. Section 83 of the principal Act is amended by the substitution for paragraph (e) of subsection (3) of the following paragraph:
"(e) train information officers and deputy information officers of public bodies;".
Amendment of section 3 of Act 3 of 2000
37. Section 3 of the Promotion of Administrative Justice Act, 2000, is amended by the renumbering of subparagraphs (a), (b), (c), (d) and (e) of paragraph (b) of subsection (2), to subparagraphs (i), (ii), (iii), (iv) and (v), consecutively.
Short title and commencement
38. (1) This Act is called the Judicial Matters Amendment Act, 2001.
(2) Sections 2, 3, 5 and 6 are deemed to have come into operation on 4 February 1997.
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MEMORANDUM ON THE OBJECTS OF THE JUDICIAL MATTERS AMENDMENT BILL, 2001
1. PURPOSE OF BILL
The main object of the Bill is to encompass in a single Bill a variety of amendments which do not require individual Amendment Bills. These amendments, to a large extent, correct deficiencies in certain provisions and repeal certain redundant provisions.
2. OBJECTS OF BILL
2.1 Clause 1 of the Bill amends section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929), in order to provide that the Divorce Courts established in terms of the Administration Amendment Act, 1929, may hear any matter and grant any order provided for in terms of the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998).
2.2 Clauses 2 and 3 of the Bill amend sections 3 and 9 of the South African Law Commission Act, 1973 (Act No. 19 of 1973), respectively, so as to bring the appointment of a member of the judiciary as chairperson of the South African Law Commission into line with the court structure as provided for in the Constitution, by referring to a judge of the Constitutional Court, Supreme Court of Appeal or a High Court.
2.3 Section 79 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), deals with enquiries into an accused person's—
* capacity to understand the criminal proceedings concerned; or
* criminal responsibility for the offence concerned.
Section 6 of the Criminal Matters Amendment Act, 1998 (Act No. 68 of 1998), which has not yet been put into operation, amends section 79(1) of the Criminal Procedure Act, 1977, and provides that such an enquiry must be conducted and reported on by a psychiatrist and, where the court so directs, a clinical psychologist. Subsections (8) to (12) of section 79 contain a number of provisions related to the appointment of psychiatrists for the purposes of conducting such enquiries, but similar provisions have not been made in respect of clinical psychologists. Clause 4 of the Bill aims to amend the provisions of section 79(8) to (12) by inserting appropriate references to clinical psychologists. This amendment will facilitate the implementation of the Criminal Matters Amendment Act, 1998.
2.4 Clauses 5 and 6 of the Bill amend sections 3 and 8 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), respectively, so as to bring the designation of a member of the judiciary as chairperson or vice-chairperson of the Rules Board for Courts of Law into line with the court structure as provided for in the Constitution by referring to a judge of the Constitutional Court as well.
2.5 Section 70 of the General Law Third Amendment Act, 1993 (Act No. 120 of 1993), which has not yet been put into operation, amends section 122 of the Road Traffic Act, 1989 (Act No. 29 of 1989), by inserting a new subsection (7A). The whole of the Road Traffic Act, 1989, was repealed by section 93(1) of the National Road Traffic Act, 1996 (Act No. 93 of 1996), which came into operation on 1 August 2000. Section 70 of the General Law Third Amendment Act, 1993, has become redundant and is therefore repealed by clause 7.
2.6 Sections 25 and 36 of the General Law Fourth Amendment Act, 1993 (Act No. 132 of 1993), which have not yet been put into operation, amended section 14 of the Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973), and section 32 of the Minerals Act, 1991 (Act No. 50 of 1991), respectively. Section 14 of the Occupational Diseases in Mines and Works Act, 1973, has been repealed by section 6 of the Occupational Diseases in Mines and Works Amendment Act, 1993 (Act No. 208 of 1993), and section 32 of the Minerals Act, 1991, has been repealed by section 99 of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996). Clause 8 therefore repeals sections 25 and 36 of the General Law Fourth Amendment Act, 1993.
2.7 Clause 9 repeals section 24 of the General Law Sixth Amendment Act, 1993 (Act No. 204 of 1993), which was enacted to regulate the granting of vacation leave and the resignation of civil servants for purposes of an election in terms of the Electoral Act, 1993 (Act No. 202 of 1993). Section 115 of the Electoral Act, 1998 (Act No. 73 of 1998), repealed the Electoral Act, 1993, making section 24 of the General Law Sixth Amendment Act, 1993, redundant.
2.8 Section 53 of the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), among others, provides that sections 51, 52, 52A and 52B will cease to have effect after the expiry of a period of two years from commencement of the Act. It is, however, not technically correct to link the period of operation of sections 52A and 52B, which have been inserted in the Act by way of amending legislation, to the date of commencement of the Act. Clause 10 therefore amends section 53 of the Criminal Law Amendment Act, 1997, to provide that sections 52A and 52B will remain in force until sections 51 and 52 of the Act cease to have effect.
2.9 Clauses 11 and 12 amend sections 19C and 40 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), respectively, in order to further regulate certain executive functions of the Minister.
2.10 Section 26(2)(a) of the Maintenance Act, 1998 (Act No. 99 of 1998), provides that the person in whose favour ("the applicant") a maintenance or related order was made, which has remained unsatisfied for a specified period, may apply to the maintenance court where the order was made for the enforcement of such order. This requirement might place an undue burden on an applicant who wishes to enforce a maintenance order but who does not reside anymore within the area of jurisdiction of the maintenance court where the order was made. Clause 13 amends section 26(2)(a) of the Maintenance Act, 1998, to enable an applicant to approach the maintenance court within whose area of jurisdiction he or she is resident for the enforcement of a maintenance or related order.
2.11 Clauses 14 to 36 effect certain textual corrections to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000). Clause 37 similarly amends section 3 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), so as to correct the paragraph numbering in section 3.
3. DEPARTMENTS/BODIES/PERSONS CONSULTED
The Department of Health has been consulted in respect of clause 4.
4. IMPLICATIONS FOR PROVINCES
None
5. FINANCIAL IMPLICATIONS FOR STATE
None
6. PARLIAMENTARY PROCEDURE
The State Law Advisers and the Department of Justice and Constitutional Development are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.