CLAUSE 1

1. On page 4, in line 2, after "(1)" to insert "(a)".

2. On page 4, from line 8, to omit all the words after "estate" up to and including "Master" in line 10.

3. On page 4, after tine 10, to insert the following paragraphs:

(b) Subject to the provisions of section 53(4), a trustee-

(i) shall not act as aforesaid unless he or she has obtained prior authorisation thereto by all the creditors; or

(ii) may, with the prior authorisation thereto by the Master, act as aforesaid in cases where such prior authorisation by all the creditors cannot be obtained: Provided that the authorisation of all creditors must be obtained retrospectively as soon as possible thereafter.

(c) When a creditor withholds the authorisation required in terms of paragraph (b), or when that authorisation can for any other reason not be obtained, the Master may, on the application of the trustee, authorise him or her to act as aforesaid if the Master is satisfied, in the case where the authorisation is withheld, that such withholding is unreasonable or, in any other case, that there is good reason to dispense with the authorisation.

4. On page 4, in line 24, after "may" to insert: in addition to his or her powers in terms of section 111(2),

CLAUSE 3

1. On page 4, in line 45, after "3." to insert "(1)".

2. On page 6, in line 22, after "shall" to insert:

after consultation with the National Economic, Development and Labour Council established in terms of section 2 of the National Economic, Development and Labour Council Act, 1994 (Act No.35 of 1994),

3. On page 6, from line 38, to omit paragraph (a) and to substitute:

(a) 'employee'-

(i) means-(aa) any person, excluding an independent contractor, who works for

another person and who receives, or is entitled to receive, any salary or wages; and

(bb) any other person who in any manner assists in carrying on or conducting the business of an employer; and

(ii) does not include-

the insolvent concerned;

a director of a company as defined in section 1(1) of the Companies Act, 1973 (Act No.61 of 1973); or

a member of a close corporation as defined in section 1 of the Close Corporations Act, 1984 (Act No.69 of 1984);

4. On page 6, in line 50, to omit all the words after "Council" up to and including "(Act No.35 of 1994)" in line 52.

5. On page 6, after line 56, to insert the following subsection:

(2) The provisions of subsection (1) shall not be applicable in respect of-

(a) an estate which was sequestrated either provisionally or finally; or

(b) a company or close corporation which was wound up or placed under provisional winding up, before the commencement of that subsection.

NEW CLAUSE

1. That the following be a new Clause to follow Clause 5:

Amendment of section 104 of Act 24 of 1936, as amended by section 6 of Act 122 of 1993

6. Section 104 of the Insolvency Act, 1936, is hereby amended by the substitution for subsection (1) of the following subsection:

"(1) Subject to the provisions of [sub-section (2) of section ninety- five] section 95(2) and [sub-section (3) of section one hundred] section 98A(3), a creditor of an insolvent estate who has not proved a claim against that estate before the date upon which the trustee of that estate submitted to the Master a plan of distribution in that estate, shall not be entitled to share in the distribution of assets brought up for distribution in that plan: Provided that the Master may, at any time before the confirmation of the said plan permit any such creditor who has proved his or her claim after the said date to share in the distribution of the said assets, if the Master is satisfied that the creditor has a reasonable excuse for the delay in proving his or her claim.

CLAUSE 6

Clause rejected.

CLAUSE 7

Clause rejected.

CLAUSE 9

Clause rejected.

NEW CLAUSE

1. That the following be a new Clause to follow Clause 8:

Substitution of section 49 of Act 51 of 1977

8. The following section is hereby substituted for section 49 of the Criminal Procedure Act, 1977:

"Use of force in effecting arrest

49 (1) If any person authorized under this Act to arrest or to assist in arresting another attempts to arrest such person and such person-

(a) resists the attempt: or

(b) flees when it is clear that an attempt to arrest him or her is being made, or resists such attempt and flees,

and cannot be arrested without the use of force, the person so authorized may, in order to effect the arrest, use such force which in the circumstances-

(i) may be reasonably necessary to overcome the resistance or to prevent the person concerned from fleeing; and

(ii) must be proportional in relation to the objective sought to be achieved:

Provided that the use of force which is likely to cause death will be justified in terms of the provisions of this subsection, only where the person concerned is to be arrested for an offence referred to in Schedule

8.

(2) If in any proceedings before a court of law, whether civil or criminal, a person raises the provisions of subsection (1) as a defence, the court shall, in determining whether such defence is valid, take the following factors into account:

(a) The prevalence and seriousness of the offence which the person who resisted the arrest or fled (hereinafter referred to as the arrestee) has committed or was reasonably suspected of having committed:

(b) whether, in order to effect the arrest, the person concerned used the minimum force which. in the circumstances. was reasonable and proportional to overcome any resistance against the arrest or to prevent the arrestee from fleeing:

(c) whether the nature of the offence which the arrestee committed or was reasonably suspected of having committed-

(i) involved serious violence which was life threatening: or

(ii) was likely to create feelings of fear and insecurity and to induce a sense of shock or outrage in the community where the offence was committed:

(d) whether there was the likelihood that, if the arrestee had not been arrested-

(i) the shock or outrage of the community might have led to public disorder: or

(ii) the sense of peace and security among members of the public would have been undermined or jeopardized:

(e) whether their was the likelihood that the arrestee, if he or she had not been arrested-

(i) was about to evade justice or to abscond in order to evade justice: or

(ii) could have endangered the safety of the public or any particular person or the public interest:

(f) the relation between the ages of the person concerned and the arrestee;

(g) the time within which the person concerned had to make a decision regarding the degree force to be used in effecting the arrest;

(h) whether the person concerned was familiar with the identity of the arrestee;

(i) the possibility that the arrestee could have been arrested at a later stage;

(j) any other factor which in the opinion of the court should be taken into account.

(3) The burden of proving any fact which would constitute the defence created by subsection (1) shall be upon the person who raises that defence."

CLAUSE 13

1. On page 12, in line 30, to omit "7" and to substitute "8".

NEW CLAUSE

1. That the following be a new Clause to follow Clause 13:

Amendment of section 219 of Act 91 of 1981, as amended by section 17 of Act 80 of 1987

13. Section 219 of the Co-operatives Act, 1981, is hereby amended by the substitution for paragraph (b) of the following paragraph:

"(b) thereafter in paying any amounts due by the co-operative with respect to the matters referred to in [paragraphs (a) to and including (f) of section 99] sections 98A(1)(b) and 99(1)(a) to (e) of the Insolvency Act, 1936 (Act No.24 of 1936), which have been admitted or proved in terms of section 215, or, if the balance of the said proceeds is insufficient to pay the said amounts in full, in paying a proportionate share of each;".

NEW CLAUSES

1. That the following be new Clauses to follow Clause 15:

Amendment of section 1 of Act 127 of 1992, as amended by section 32 of Act 38 of 1994 and section 1 of Act 77 of 1995

16. Section 1 of the Interception and Monitoring Prohibition Act, 1992, is hereby amended-

(a) by the substitution for the definition of "monitor" of the following definition:

"'monitor' includes the recording of conversations or communications by means of a monitoring device;"; and

(b) by the substitution for the definition of "monitoring device" of the following definition:

"'monitoring device' means any instrument, device or equipment which is used or can be used, whether by itself or in combination with any other instrument, device or equipment, to listen to or record any conversation or communication;".

Amendment of section 2 of Act 127 of 1992

17. Section 2 of the Interception and Monitoring Prohibition Act, 1992, is hereby amended-

(a) by the substitution for paragraph (b) of subsection (1) of the following paragraph:

"(b) intentionally monitor a conversation or communication by means of a monitoring device so as to gather confidential information concerning any person, body or organization."; and

(b) by the substitution for paragraph (c) of subsection (2) of the following paragraph:

"(c) conversations or communications by or with a person, body or organization, whether a telecommunication line is being used in conducting those conversations or communications or not, be monitored in any manner by means of a monitoring device.

CLAUSE 17

Clause rejected.

NEW CLAUSE

1. That the following be a new Clause to follow Clause 16:

Amendment of section 4 of Act 127 of 1992, as amended by section 32 of Act 38 of 1994 and section 4 of Act 18 of 1996

19. Section 4 of the Interception and Monitoring Prohibition Act, 1992, is hereby amended-

(a) by the substitution for paragraph (a) of subsection (2) of the following paragraph:

"(a) take possession of and examine any postal article or telegram to which the direction applies, or, as the case may be, listen in to or make a recording of any conversation or communication to which the direction applies;"; and

(b) by the substitution for subparagraph (iii) of paragraph (b) of subsection (2) of the following subparagraph:

"(iii) an officer of at least the rank of assistant-commissioner in the South African Police Service or a member of the said Police Service occupying a post on at least the same level

NEW CLAUSES

1. That the following be new Clauses to follow Clause 17:

Amendment of section 5 of Act 127 of 1995, as amended by section 32 of Act 38 of 1994

20. Section 5 of the Interception and Monitoring Prohibition Act, 1992, is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:

"(b) make available the necessary facilities and devices and enable the member who is authorized in terms of section 4(1) to execute a direction or to assist with the execution of a direction, to effect the necessary connections in order to monitor conversations or communications to which the direction applies.".

Substitution of long title of Act 127 of 1992

21. The following long title is hereby substituted for the long title of the Interception and Monitoring Prohibition Act, 1992:

"ACT

To prohibit the interception of certain communications and the monitoring of certain conversations or communications; to provide for the interception of postal articles and communications and for the monitoring of conversations or communications in the case of a serious offence or if the security of the Republic is threatened; and to provide for matters connected therewith.".

CLAUSE 21

1. On page 22, in line 17, to omit "1997" and to substitute "1998".

2. On page 22, in line 19, to omit "19" and to substitute "23".

3. On page 22, in line 20, to omit "20" and to substitute "24".

4. On page 22, in line 21, to omit "5" and to substitute "6".

5 On page 22, in line 24, to omit "6 to 18" and to substitute "7 to 22".

LONG TITLE

1. On page 2, in the third line, to omit all the words after "insolvent;" up to and

including "courts;" in the sixth line.

2. On page 2, in the twelfth line, after "her;" to insert:

to amend the Co-operatives Act, 1981, 50 as to effect a textual adjustment:

3. On page 2, in the fifteenth line, after "to" to insert:

further regulate prohibition on interception and monitoring; to

4. On page 2, in the sixteenth line, after "directions;" to insert:

and to further regulate assistance at execution by certain persons or organizations;