Report of the Portfolio Committee on Justice and Constitutional Development on the Criminal Procedure Amendment Bill [B 57 - 2002] (National Assembly - sec 75), dated 27 August 2003:

The Portfolio Committee on Justice and Constitutional Development, having considered the subject of the Criminal Procedure Amendment Bill [B 57 - 2002] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, endorses the classification of the Bill and reports the Bill with amendments [B 57A - 2002].

The Committee wishes to report further, that the Bill aims to reintroduce the leave to appeal and petition procedures in respect of decisions of the lower courts. The provisions dealing with leave to appeal and petition procedures in the High Court are also amended so as to, among others, bring it in line with the procedures contemplated in the lower courts.

The Bill further provides that certain appeals in respect of decisions in both the lower courts and the High Courts relating to certain children may be noted without having to apply for leave to appeal. The Bill also makes provision that certain appeals must be considered only on the written arguments of the parties.

Since all these amendments will have an impact on the existing rules of court, the Rules Board for Courts of Law will have to ensure that all rules in respect of appeals applicable to the Supreme Court of Appeal, the High Courts and the magistrates' courts are brought in line with the procedures contemplated in the Bill. The provisions of the proposed new section 309B(3)(b) of the Act may, for example, be highlighted. The relevant section allows for an accused person to apply orally for leave to appeal immediately after a magistrate has passed his or her decision or order as a result of a conviction. During its deliberations on the Bill the Committee found that Rule 67 of the Rules of Court in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), dealing with appeals under section 309B of the Act, does not make provision for the situation where an accused person applies orally for leave to appeal, as contemplated in section 309B(3)(b) of the Act.

Clause 7 of the Bill therefore places an obligation on the Rules Board for Courts of Law to revise and, where necessary, amend all rules in respect of appeals applicable to the Supreme Court of Appeal, the High Courts and the magistrates' courts. The Rules Board must, within three months after the date of the commencement of the Act, submit any draft amendment rules to Parliament for approval.

This resolution must immediately be brought to the attention of the Chairperson of the Rules Board for Courts of Law.

Report to be considered.