ACT

POSITION

REMARKS

1996 ACTS

Justice Laws Rationalisation Act, 1996 (Act 18 of 1996)
(Contact person: Mr S J Robbertse at tel no 012-323 9302 x 2176)

Commenced on 1/4/97, except for the repeal of the Ombudsman laws in various former TBVC-States and Self-governing Territories.
It is intended to repeal the Bophuthatswana legislation with effect from 1.4.99.

Certain actions are awaited from the office of the Public Protector before these Acts can be repealed.

Legal Aid Amendment Act, 1996 (Act 20 of 1996) (provides, inter alia, for establishment of a new Board, new Legal Aid Guide and to make the Legal Aid Act applicable throughout the Republic)
(Contact person: Mrs A Stelling at tel no 012-323 9302 x 2166)

* 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 commencement of sections 1(b), and 2 are set.

* Section 1(b): Provisions in this section are obsolete (contains references to the old Constitution) and must be amended.
* Section 2: Await the finalisation of the Legal Aid Guide.

Magistrates Amendment Act, 1996 (Act 35 of 1996) provides, inter alia, that a complaints committee can be established, as well as that the Commission is restructured to be more representative)
(Contact person: Mrs A Stelling at tel no 012-323 9302 x 2166)

Commenced on 1/10/98

Regulations regarding a complaints procedure were also published on 1/10/98

The Commission on Gender Equality Act, 1996 (Act 36 of 1996)
(Contact person: Mr S J Robbertse at tel no 012-323 9302 x 2176)

Commenced on 08/08/96

Special Investigating Units and Special Tribunals Act, 1996 (Act 74 of 1996)
(Contact person: Mr A Tsholesane at tel no 012 - 323 9302 x 2175)

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- 323 9302 x 2177)

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 012-323 9302 x 2177)

Commenced on 1/01/98

Proceeds of Crime Act, 1996 (Act 76 of 1996)
(Contact person: Mr J M van Rensburg at tel no 012-323 9302 x 2177)

Commenced on 16/5/97

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 012-323 9302 x 2166)

Commenced on 17/1/97

Criminal Procedure Amendment Act, 1996 (Act 86 of 1996)
(Contact person: Mr S J Robbertse at tel no 012-323 9302 x 2176)
The Act primarily aims to eliminate delays in the finalisation of criminal trials.

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 inter alia provides that the court may appoint a legal representative for an unrepresented accused can not be put into operation before the Legal Aid Amendment Act, 1996 (Act 20 of 1996) have been implemented.
*Section 11 which abolishes confessions to police officers must be referred back to the Parliamentary Committee for reconsideration.
* 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.

Criminal Procedure Second Amendment Act, 1996 (Act 85 of 1996)
(Contact person: S J Robbertse tel no 012-323 9302 x 2176). The Act further regulates the use of the trapping system.

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)
(Contact person: Mr A Tsholetsane at tel no 012-323 9302 x 2175)

Commenced on 6/4/98

Contingency Fees Act, 1997 (Act 66 of 1997)
(Contact person: Mr S J Robbertse at tel no 012-323 9302 x 2176)

The date of commencement of the Act is subject to the tabling of the contingency fees agreement in Parliament.

Criminal Procedure Amendment Act, 1997 (Act 76 of 1997)
(Contact person: Mr S J Robbertse at tel no 323 9302 x 2176).
The main objects of the Amendment Act, which amends the Criminal Procedure Act, 1977 (Act 51 of 1977) (the Act), are to further regulate appeals against decisions of lower courts and legal representation in respect of appeals.

No date for commencement set

Await finalisation of Legal Aid Directives. The matter has been referred to the Legal Aid Transformation Task Team to resolve the issue of the fees to be prescribed by the Directives with the Attorneys Profession.

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 323 9302 x 2165)

Commenced on 28/5/98

Magistrates' Courts Amendment Act, 1997 (Act 80 of 1997)
Amendment of section 110 to bring it in line with section 170 of 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 323 9302 x 2176)

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 323 9302 x 2177)

Commenced on 4/9/98, with the exclusion of section 6

Section 6 deals with notification of a natural father of any intended adoption of his child born out of wedlock. The Adoption Matters Amendment Bill will repeal section 6 and provide for notification.

Criminal Law Amendment Act, 1997 (Act 105 of 1997)
Conversion of Death sentences and imposition of minimum sentences
(Contact person: Mr A Tsholetsane at tel 323 9302 x 2175)

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

1998 ACTS

National Prosecuting Authority Act, 1998 (Act 32 of 1998)
(Contact person: Mrs W Louw at tel 323 9302 x 2165)

* Sections 9, 10, 12 and 17 commenced on 1/8/98.
* The remainder of the Act, except section 38, commenced on 16/10/98.
* 18.2.99 has been proposed as date of commencement of section 38.

Promotion of National Unity and Reconciliation Amendment Act, 1998 (Act 33 of 1998)
(Contact person: C van Vuuren, at tel 323 9302 x 2168)

Commenced on 30/04/98

Judicial Matters Amendment Act, 1998 (Act 34 of 1998)
(Contact person: S J Robbertse, at tel 323 9302 x 2176).
The Act amends a number of Acts and prohibits certain acts concerning military, paramilitary and similar operations.

* No date for commencement has been set for section 1.
* 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 was put into operation on 15 January 1999.
* Section 11, in so far as it inserts section 16B in the Criminal Law Second Amendment Act, 1992, was put into operation with effect from 1 April 1999.
* Section 26 of the Act provides for certain aspects regarding the implementation of the remaining sections.

Section 1: A legal opinion pertaining to the implementation of section 1 was received from the State Law Advisers and sent to the Law Society of South Africa for comment.

Magistrates Amendment Act, 1998 (Act 66 of 1998)(provides, inter alia, for the implementation of a cluster system, regulate administrative powers of magistrates and make provision for penalties iro attendance of disciplinary hearings)
(Contact person: Mrs A Stelling at tel 323 9302 x 2166)

Commenced on 7/10/98

Magistrates' Courts Amendment Act, 1998 (Act 67 of 1998)
Lay assessors
(Contact person: Mr J van Rensburg at tel 323 9302 x 2177)

No date for commencement set. Draft regulations are being formulated.

Background information has been obtained in order to formulate draft regulations.

Criminal Matters Amendment Act, 1998 (Act 68 of 1998)
State patients
(Contact person: Mr S Robbertse at tel 323 9302 x 2176)

No date for commencement set

* Await comment from the Legal Aid Board regarding directives under section 7 of the Act.
* Remuneration of curator ad litem must be determined. Awaiting reply of HDS.

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 323 9302 x 2166)

* Intended date of commencement (with the exception of section 2): 1/3/99
* No date set for the commencement of section 2
*Comment of role players are awaited.

* Proposed date of promulgation of regulations is 1.3.99.
* Section 2: practical problems are foreseen by the Board; appropriate regulations must be formulated .

Maintenance Act, 1998 (Act 99 of 1998)
(Contact person: Mrs C van Vuuren at tel 323 9302 x 2168)

No date for commencement set

* Draft Regulations are being formulated.
* An implementation committee was established to determine all necessary implication actions and to consider financial implications.

Witness Protection Act, 1998 (Act 112 of 1998) (Contact person: Mrs C v Vuuren at tel 323 9302 x2168)

No date for commencement set

* Draft Regulations are being formulated.

Public Protector Amendment Act, 1998 (Act 113 of 1998)
(Contact person: Mr A Tsholetsane at tel 323 9302 x2175)

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 323 9302 x2166)

No date for commencement set

* Council for debt collectors must be appointed.
* Draft Regulations are being formulated.
*Composition of Board is receiving attention.

Attorneys and Matters relating to Rules of Court Amendment Act, 1998 (Act 115 of 1998)
(Contact person: Mr S Robbertse at tel 323 9302 x 2176)

Commenced on 15/1/99

Domestic Violence Act, 1998 (Act 116 of 1998)
(Contact person: Mr J van Rensburg at tel 323 9302 x 2177)

No date for commencement set.

Draft Regulations have been formulated and are being finalised to be distributed for comment by interested parties.

Recognition of Customary Marriages Act, 1998 (Act 120 of 1998)
(Contact person: Mr A Tsholetsane at tel 323 9302 x 2175)

No date for commencement set. Government Notice is being prepared in consultation with Dept. of Home Affairs regarding regulations.

Prevention of Organised Crime Act, 1998 (Act 121 of 1998)
(Contact person: Mr J van Rensburg at tel 323 9302 x 2177)

Commenced on 21/1/99

Judicial Matters Second Amendment Act, 1998 (Act 122 of 1998)
(Contact person: Mr S Robbertse at tel 323 9302 x 2176).
Amends a number of provisions of the Insolvency Act, 1936, and provides for a number of technical amendments to various other Acts.

* Intended date of commencement of sections 6 to 9 and 11 to 15: 1 April 1999
* No date set for the commencement of sections 1 to 5 and 10

Sections 1 to 5 and 10: These sections, inter alia, amend the Insolvency Act, 1936, to provide that the claims of employees of an insolvent should have a rank higher than most other preferent claims. The Minister must for purposes of the new section 98A, issue certain notices in the Gazette.

1998 BILLS

Criminal Procedure Amendment Bill
Detention of unconvicted young persons
(Contact person: Mr S Robbertse at tel 323 9302 x 2176)

Customary Law of Succession Amendment Bill
Extension of testate and intestate succession to all
(Contact person: Mr A Tsholetsane at tel. 323-9302 x 2175)