With reference to the request for submissions to the Portfolio Committee on Social Development regarding the Social Assistance Bill, the Department of Justice and Constitutional Development wishes to expresses its concern regarding section 31 of the Bill. Section 31 provides that a Judge or Magistrate must issue a warrant under certain circumstances, to an inspector, in order for the Social Assistance Inspector to enter, search or seize with a warrant - in other words, the court will not have a discretion to decide on the facts before it. The Department is of the opinion that the judicial independence and discretion of Judges and magistrates must be protected, which is in line with the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996).

The Department therefore recommends that the word "must" , be amended to "may", so as to make provision for judicial discretion. If the Social Assistance Inspector or Department of Social Assistance do not agree with the court order, then they can lodge an appeal or request a review of the court order.

It is trusted that this information will be of assistance.