Report of the Portfolio Committee on Justice and Constitutional Development on the interception and monitoring Bill [B50 2001] (National Assembly section 75), dated 13 September 2002, as follows:

The Portfolio Committee on Justice and Constitutional Development, having considered the subject of the Interception and monitoring Bill [B50-200](National Assembly section 75), referred to it and classified by the JTM as a section 75 Bill, presents the Regulation interception communications Bill [B50B--2001 ] (National Assembly-section 75), and endorses the classification of the Bill as a section 75 Bill.

The Portfolio Committee wishes to report further, as follows:

1. Clause 10 of the Bill provides that any communication may be intercepted in any prison if such interception takes place in the exercise of any power conferred by or under, and in accordance with. any regulations made under the Correctional Services Act, 1998 (Act No. 11 of 1998). Provision is further made that any such regulations must, before the publication thereof in the Gazette , be submitted to Parliament. The purpose of requiring such regulations to be submitted to Parliament is to enable the Committee to consider the constitutionality of those regulations which regulate the interception of communications in prisons.

The Committee has noted that the N4inister of Correctional Services must, in terms of section 134(5) of the Correctional Services Act, 1998, refer proposed regulations which are to be made under that Act to the relevant Parliamentary Committees in both Houses dealing with the Department of Correctional Services. However, as the Portfolio Committee on Justice and Constitutional Development is not One of those Parliamentary Committees, such proposed regulations will not in the ordinary course of Parliament’s business be referred to, or brought to the attention of, the Committee. The possibility therefore exists that the Committee will not always be in a posit ion to consider the constitutionality of such proposed regulations.

The Committee therefore recommends that the Minister of Correctional Services be requested

to ensure that when regulations are referred to the Parliamentary Committees which deal with his Department those regulations dealing with the interception of communications in prisons are also specifically referred to the Portfolio Committee on Justice and Constitutional Development for consideration.

2. Some provisions of the Bill place an obligation on certain Ministers to perform certain duties within a specified period after the commencement of the Bill. The Committee realises that it could, in respect of some of those provisions be difficult to perform the imposed duties within the specified periods. The Committee therefore recommends that any Minister who is unable to perform the duties imposed upon him or her under this Act within the specified period, be requested to submit to Parliament. within 7 days after the expiry of that period, a report setting out the progress made in performing those duties.