CHIEF JUSTICE: ISHMAEL MAHOMED
SUBMISSION OF THE CHIEF JUSTICE TO THE JUSTICE PORTFOLIO COMMITTEE
26 AUGUST 1998

THE OPEN DEMOCRACY BILL, 1998

1. Subject to one aspect mentioned below, I have no comment to offer on the substance of this Bill. The scope and content are largely matters of policy and administration.

2. I take it that matters of language will be rectified in the eventual draft. In several places the expression "regarded to have" is used e g "regarded to have refused" in s 22. This should be "deemed to have". In s 74(1) "A person that" should be "A person who".

3. The only matter touching upon the judicial function requiring comment is s 77(3). Is the appointed person to appear in court and move the application? Will such person have right of audience? If it is intended that such person will be a legal representative then this should be stated.