Justice Laws Rationalisation Act, 1996 (Act 18 of 1996)

* 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* The Bophuthatswana Ombudsman Acts were repealed with effect from 1/4/99.

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.

* 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.

Magistrates Amendment Act, 1996 (Act 35 of 1996): Provides, inter alia, for the restructuring of the Commission and that a complaints committee be established.

The Commission on Gender Equality Act, 1996 (Act 39 of 1996)

Special Investigating Units and Special Tribunals Act, 1996 (Act 74 of 1996)

International Child Abduction Act, 1996 (Act 72 of 1996)

International Co-operation in Criminal Matters, 1996 (Act 75 of 1996)

Proceeds of Crime Act, 1996 (Act 76 of 1996)

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

Criminal Procedure Amendment Act, 1996 (Act 86 of 1996): 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 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.

Criminal Procedure Second Amendment Act, 1996 (Act 85 of 1996): The Act further regulates the use of the trapping system

Contingency Fees Act, 1997 (Act 66 of 1997)

Criminal Procedure Amendment Act, 1997 (Act 76 of 1997): The Act further regulates appeals against decisions of lower courts

* Sections 1 - 3 commenced on 28/5/99.

Constitutional Court Complementary Act Amendment Act, 1997 (Act 79 of 1997)

Criminal Procedure Second Amendment Act, 1997 (Act 85 of 1997)

Natural Fathers of Children Born out of Wedlock Act, 1997 (Act 86 of 1997)

Criminal Law Amendment Act, 1997 (Act 105 of 1997): Conversion of death sentences and imposition of minimum sentences

* Sections 51 to 53 dealing with minimum sentences commenced on 1/5/98.

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

National Prosecuting Authority Act, 1998 (Act 32 of 1998)

* Sections 9, 10, 12 and 17 commenced on 1/8/98.

* The remainder of the Act, except section 38, commenced on 16/10/98.

Promotion of National Unity and Reconciliation Amendment Act, 1998 (Act 33 of 1998)

Judicial Matters Amendment Act, 1998 (Act 34 of 1998): Amends a number of Acts and prohibits certain acts concerning military, paramilitary and similar operations.

* 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 1/4/99.

Magistrates Amendment Act, 1998 (Act 66 of 1998): The Act provides for the cluster system and regulates administrative powers of magistrates

Magistrates' Courts Amendment Act, 1998 (Act 67 of 1998)

* Section 2 partially (recusal of assessor) commenced on 20/4/2000.

* No date has been set for the remainder of the sections.

* 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.

Criminal Matters Amendment Act, 1998 (Act 68 of 1998)

* The Act needs to be amended to address some defects in the Act. The amendment will be included in the Judicial Matters Amendment Bill, which will hopefully be passed by Parliament soon.

* Financial implications and practical problems which are being experienced delayed the implementation.

* A memorandum to the Minister is being drafted to obtain approval to approach the Treasury for the approval of -

(a) the determination of remuneration for a curator ad litem; and

(b) an amendment to the regulations under the Criminal Procedure Act, 1977, to include tariffs for psychologists.

* Legal Aid directives under section 7 were tabled in Parliament on 16 February 2001.

Sheriffs Amendment Act, 1998 (Act 74 of 1998): Provides, inter alia, for the rationalisation of legislation regarding the sheriffs' profession

* Commenced, with the exception of section 2, on 1/3/99

* Draft Regulations were submitted to the State Law Advisers for checking.

*It appears that the rules of court also need to be amended.

Maintenance Act, 1998 (Act 99 of 1998)

* 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.

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

No date for commencement of sections 6 and 20 set.

Regulations

Establishment of branch offices

* Section 6: The implementation of section 6 has been put on the agenda of the JCPS cluster.

* Section 20: Will be implemented once the regulations are finalised.

* A memo to the Minister to request approval to consult with the Minister of Finance regarding the regulations is being prepared. The target date for implementation of the regulations is mid July 2001.

Public Protector Amendment Act, 1998 (Act 113 of 1998)

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

* Sections 1 - 7 were put into operation with effect from 21/1/00

* 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 Council being fully established.

Attorneys and Matters relating to Rules of Court Amendment Act, 1998 (Act 115 of 1998)

Domestic Violence Act, 1998 (Act 116 of 1998)

(Contact person: Mr J van Rensburg at tel 012-315 1709)

Recognition of Customary Marriages Act, 1998 (Act 120 of 1998)

Prevention of Organised Crime Act, 1998 (Act 121 of 1998)

(Contact person: Mr J van Rensburg at tel 012-315 1709)

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.

* 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.

Commenced on date of publication: 7 September 1999

Promotion of Access to Information Act, 2000 (Act 2 of 2000)

* Regulations to facilitate the implementation of the Act commenced on 9 March 2001.

Promotion of Administrative Justice Act, 2000 (Act 3 of 2000)

*The draft regulations are being finalised for submission to the State Law Advisers within the next few days. Thereafter the regulations must be submitted to State Expenditure, State Language Services and Parliament before publication in the Gazette. The envisaged date for implementation of the remainder of the Act is end of July 2001.

*Some material for purposes of the Code of Good Administrative Conduct is available. A meeting within the Department is being arranged for the second week in May to -

a) discuss the framework of the code;

b) establish what is already available; and

Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)

* 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.

* The regulations regarding prevention were checked by the State Law Advisers and were submitted to State Language Services for editing. The Minister approved that the regulations be submitted to the Department of State Expenditure. A letter in this regard was dispatched.

*The Human Rights Commission has been requested to assist with the drafting of the Regulations dealing with Promotion. The target date for the submission of the regulations are end of July 2001.

Protected Disclosures Act, 2000 (Act 26 of 2000)

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

*The Directorate: International Affairs was informed about the provisions of the Act with the view to taking the necessary steps for purposes of the designation of countries.

National Prosecuting Authority Amendment Act, 2000 (Act 61 of 2000)

* Commenced on 12.1.01

*Regulations in respect of interim conditions of service for the Scorpions were 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)

[Inter alia minimum sentences]

Act, with the exception of section 35, commenced on 23.03.01.

Minimum sentence provisions were extended for two years from 1 May 2001.(Proclamation No. R. 29, Gazette 22261 of 30 April 2001).

Special Investigating Units and Special Tribunals Amendment Act, 2001

A memo was submitted to the Minister to obtain his views on various matters, including the appointment of the Head or acting Head.