DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

LEGISLATIVE PROGRAMME 2001

(As on 17 May 2001)

Explanatory Note: The Bills reflected in this document set out the Department’s priorities in respect of new and amending legislation. While all the Bills mentioned are regarded as being urgent and require promotion as soon as possible, not all will be finalised during the 2001 session of Parliament. Bearing in mind capacity, financial, time and other restraints which will impact on the promotion and implementation of legislation, the Department envisages that it will only be in a position to introduce items 1 to 14 on the list hereunder during the 2001 session of Parliament. Should the other Bills be ready for submission to Parliament and should the Parliamentary agenda and the Leader of Government Business so permit, every effort will be made to promote the other Bills as and when they are ready.

No

Name

Content

Cabinet

Certify

Introduce

Transformation/service delivery

01

Constitution Amendment Bill

The Bill aims to amend the Constitution in the following respects:

(a) Provision is made for the head of the Constitutional Court to become the Chief Justice, and for the present office of "Chief Justice" to become the "President of the Supreme Court of Appeal". This also entails a number of consequential amendments to the Constitution.

(b) Provision is made for Constitutional Court judges to be put on the same footing as their counterparts in the Supreme Court of Appeal and the High Courts in respect of their terms of office and conditions of service.

30/5/01

29/6/01

16/08/01

This Bill will, among others, give effect to the effective structure and functioning of the Courts. (DRW)

02

Criminal Procedure Amendment Bill

Amends the principal Act in order to give effect to Constitutional Court's judgment in Steyn - leave to appeal.

16/5/01

30/5/01

31/5/01

The Bill will bring the Act into line with the Constitution.

(DRW)

03

Criminal Procedure Second Amendment Bill

The Bill is intended to give effect to the legislative recommendations of the South African Law Commission, emanating from its project dealing with the simplification of certain aspects of our law of criminal procedure, one aspect dealing with the question of plea bargaining and another aspect dealing with the right of the prosecution to appeal on questions of fact relating to the merits of a case. The Bill is intended to speed up criminal trials, address backlogs in the criminal justice system and assist in the combatting of crime.

 

31/5/01

29/6/01

06/07/01

The Bill will assist in reducing case backlogs and assist in the fight against crime.

(DDW)

04

Supreme Court Decree Amendment Bill

The Bill amends the Supreme Court Decree, 1990 (Ciskei), in order to enable the Bisho High Court to hold sittings outside the territory of the former Ciskei.

14/2/01

28/2/01

9/3/01

(Bill has been intro-duced into Parlia-ment.)

The Bill aims to address a practical problem of accommodation in a cost-efficient manner pending the rationalisation of the Superior Courts.

(DRW)

05

Interim Rationalisation of Jurisdiction of High Courts Bill

The Bill is intended to make provision for the interim rationalistion of the areas of jurisdiction of High Courts where this necessary.

30/5/01

20/6/01

29/6/01

The Bill will improve access to justice and the courts.

(DRW)

06

Judicial Matters Amendment Bill

The Bill contains a number of ad hoc amendments to numerous Acts of Parliament that do not require separate Bills.

30/5/01

20/6/01

29/6/01

The Bill is important because it addresses numerous divergent issues in numerous statutes which require urgent interventions, for instance it addresses a problem in the Criminal Procedure Amendment Act, 1998, dealing with State patients which can only be implemented once the problem in question has been addressed by way of an appropriate amendment.

(ADW)

07

Sentencing Bill

The Bill, which emanates from an investigation of the South African Law Commission, aims to develop a permanent framework for sentencing in South Africa and will facilitate the adoption of a holistic approach to all issues related to sentencing, which will include placing victims of crime at the centre of the criminal justice system. The Bill will play a role in addressing the crime problem in the country.

26/9/01

26/10/01

1/11/01

The Bill will facilitate uniformity in sentences imposed by the courts.

(DDW)

08

Child Justice Bill

The Bill will introduce a comprehensive new criminal process in respect of juveniles (children under the age of 18 years) in conflict with the law.

29/8/01

30/10/01

8/11/01

The Bill will align the South African criminal procedure in respect of juveniles with that of developed countries with a human rights dispensation, and adhere to accepted international standards in this regard.

(DRW & WA)

09

Interception and Monitoring Prohibition Bill

The Bill, which emanates from an investigation of the South African Law Commission, extends the ambit of the principal Act, particularly in respect of cellular networks. Provision is made, amongst others, for the supply of call-related information and the facilitation of interception/monitoring of cellular communications.

30/5/01

22/6/01

27/6/01

The Bill will extend the ambit of the principal Act, particularly in respect of cellular networks. The revised Act will further strengthen the law enforcement agencies' powers in respect of the combatting of serious crimes.

(DDW)

10

Judicial Officers Amendment Bill

The Bill is intended to regulate the determination of salaries of magistrates and judges. It will also rationalise the laws dealing the remuneration of judges and will make provision for a complaints mechanism in terms of which alleged complaints against judges can be dealt with.

6/6/01

29/6/01

5/7/01

The Bill will enhance the independence of the judiciary and rationalise the different laws regulating the remuneration of judges throughout the country. It will also give effect to section 180(b) of the Constitution.

(HDW)

11

International Criminal Court Bill

The Bill aims to facilitate South Africa's accession to the Rome Statute on the International Criminal Court.

30/5/01

30/6/01

15/7/01

The Bill aims to facilitate South Africa's accession to the Statute on the International Criminal Court. While the Statute will only become operational after 60 countries have ratified it, South Africa's early ratification thereof is of paramount importance, particularly in view of South Africa's leadership role among SADC states, both during negotiations in the Preparatory Committee, as well as during the Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court.

(HDW)

12

Legal Practice Bill

The Bill aims to rationalise the laws regulating the legal professions in the Republic. It also provides for the establishment of the South African Legal Practice Council, the requirements for the registration and enrolment as a legal practitioner and for the admission of persons as legal practitioners in the courts. The Bill aims to provide for a single statute in respect of the legal professions, which will facilitate transformation within the professions, thereby enhancing access to justice.

28/11/01

15/1/01

04/2/02

The Bill will rationalise the laws relating to the legal professions.

(DDW &WA)

13

Community Courts Bill

The Bill aims to give statutory recognition to community structures which meet certain requirements for purposes of resolving disputes.

22/8/01

21/9/01

1/10/01

The Bill will enhance access to justice and community participation in the administration of justice.

(DDK)

14

Re-admission of Persons to the Legal Professions Bill

The Bill aims to make provision for the reinstatement of legal practitioners who have been removed from the Roll of Advocates or Attorneys on account of their involvement in the liberation struggle.

19/9/01

1/10/01

1/11/01

The Bill will address discriminatory practices of the past.

(WA)

 

OTHER BILLS:

 

No

Name

Content

15

Traditional Courts Bill

The Bill, which will emanate from an investigation of the South African Law Commission, is intended to deal with the judicial powers of traditional leaders.

16

Customary Law of Succession Amendment Bill

The principal aim of the Bill, which emanates from an investigation of the South African Law Commission, will be to harmonise the rights of persons who have been disadvantaged under the customary law dispensation, with the constitutional right to equality.

17

Administration of Estates Amendment Bill

The Bill, which emanates from an investigation of the South African Law Commission, is intended to rationalise the laws pertaining to the administration of estates, with particular emphasis on removing the discriminatory distinction between estates dealt with by the Masters of the High Courts and those of certain Black persons which are dealt with by magistrates.

18

Application of Customary Law Bill

The Bill, which emanates from an investigation of the South African Law Commission, makes provision for the courts to apply Customary Law in civil matters by providing guidelines in cases where different systems of Customary Law apply in those cases.

19

Sharing of Pension Benefits Bill

The Bill, which emanates from an investigation of the South African Law Commission, aims to make provision for the sharing of pension benefits on divorce, and provides for, inter alia—

  • sharing of retirement fund benefits;

  • exchange of compensatory assets in place of a share of benefits as an option;

  • exclusion of pension sharing in terms of an antenuptial contract;

  • costs in respect of the division of benefits;

  • formulae in respect of benefit sharing;

  • deferred pension as opposed to a cash benefit.

The Bill will ensure that both parties to a divorce would share in the benefits of a pension accruing at a later date in an equitable manner. It will go a long way in facilitating gender equality when it comes to divorce.

20

Compulsory HIV Testing of Sexual Offenders Bill

The Bill, which emanates from an investigation of the South African Law Commission, aims to regulate the compulsory testing of persons arrested in sexual offences cases. The Bill will play a role in addressing one of the problems relating to HIV/AIDS in the country.

21

Sexual Offences Bill

The Bill, which emanates from an investigation of the South African Law Commission, comprises a comprehensive overhaul of the Sexual Offences Act, 1957, and will create new offences relating to sexual abuse/assault of persons, including—

  • the repeal of the common law offence of rape and the replacement thereof with a new, gender-neutral offence of "unlawful sexual penetration";

  • child molestation;

  • persistent sexual abuse of a child; and

  • sexual offences against mentally impaired persons.

The Bill will create new offences relating to sexual abuse/assault of persons, thus extending judicial protection of vulnerable groups, also in line with the spirit of the Constitution.

22

Compensation of Victims of Crime Fund Bill

The Bill, which emanates from an investigation of the South African Law Commission, will make provision for the establishment of a fund for the compensation of victims of crime, where appropriate. The Bill forms part of an initiative to transform the criminal justice system in order to put more emphasis on the protection of the interests of victims of crime.

23

International Arbitration Bill

The Bill, which emanates from an investigation of the South African Law Commission, makes provision for—

  • the compulsory application of the UNCITRAL Model Law on international arbitration to international commercial arbitration;

  • the repeal and replacement of the Recognition and Enforcement of Foreign Arbitral Awards, 1977;

  • the ratification of the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States.

The Bill aims to regulate international arbitrations in South Africa.

24

Control of Unreasonableness or Oppressiveness in Contracts or Terms Bill

The Bill, which emanates from an investigation of the South African Law Commission, aims to confer wide powers on the courts to address contractual unreasonableness, unconscionability or oppressiveness in order to effect justice for contracting parties. The Bill aims to regulate stipulations in contracts and the rectification of contracts and has an indirect bearing on the right to equality since it is intended to ensure that everyone is equal before the law and has the right to equal protection and benefit of the law as far as the law of contract is concerned.

25

Prohibition of Hate Speech Bill

The Bill aims to criminalise participation in or promotion of hate speech that is based on race, ethnicity, gender or religion.

26

Corruption Amendment Bill

The Bill aims to address deficiencies identified in the Corruption Act.

27

Extradition Amendment Bill

The Bill aims to bring the Extradition Act into line with international developments.

28

Rules Board for Courts of Law Amendment Bill

The Bill aims to restructure the composition and functioning of the Rules Board with the view to enhancing its capacity.

29

South African Law Commission Amendment Bill

The Bill, among others, aims to align the Commission as an institution and its working methods to suit the new constitutional dispensation and to facilitate the efficient functioning of the Commission with particular emphasis on its investigations relating to the transformation of the legal system.

 

OTHER BILLS WHICH ARE READY FOR PROMOTION AND WHICH HAVE GONE TO CABINET BUT WHICH REQUIRE DISCUSSIONS BY THE MINISTER WITH CERTAIN OF HIS CABINET COLLEAGUES:

SA Human Rights Commission Amendment Bill

Access to Minor Children Bill

Public Interest and Class Actions Bill