Report of the Select Committee on Security and Constitutional Affairs, dated 18 November 2008:

The Select Committee on Security and Constitutional Affairs, having considered the Magistrates’ Courts: Amendment of Rules of Court and the Amendment of the Rules regulating the conduct of the proceedings of the Provincial and Local Divisions of the High Court of South Africa, in accordance with section 7(c) of the Criminal Procedure Amendment Act, 2003 (Act No 42 of 2003), recommends that the Rules be approved.

The Select Committee, however, wishes to make the following further comments:

The Committee regrets the delay in the finalization of these Rules. The Committee does accept the explanations given by the Rules Board and the Department of Justice and Constitutional Development and understands that much of the delay has been caused by the procedure that has been followed. The Committee further notes that the Rules Board and the Department have determined a less cumbersome procedure in the process of amending Rules in future.

The Committee would suggest that, with regards to the procedure, any discussions and consultation around amendments to the Rules should take place at an earlier stage. In other words, that the Rules Board should consult various roleplayers and should ideally reach agreement with the Minister of Justice and Constitutional Development before formally submitting the Rules to the Minister for approval.

It would also make sense if, in future, the Committee was provided with the opportunity to comment, albeit informally, before any amendments to the Rules are tabled in Parliament for approval.

The Committee will also raise the issue of procedure in its exit report for the attention of the Committee in the new term of Parliament in 2009.

The Committee wishes to note that the Judicial Matters Amendment Bill is likely to be passed by Parliament in due course and may possibly necessitate further amendments to these Rules in future.


Report to be considered.