Implementation of the Geneva Conventions Bill [B10-2011]: adoption
Defence and Military Veterans
22 November 2011
Chairperson: Mr M Motimele (ANC)
Meeting Summary
The Committee looked at the proposed amendments to the Implementation of the Geneva Conventions Bill [B10-2011]. Members agreed to all the proposals and voted in favour of the Bill with amendments.
Meeting report
The Committee considered the amendments proposed by the Department.
New Clause
The Department proposed that a new clause be inserted after Clause 2:
Applicable Law
3. In addition to the Constitution and the law, any court in the Republic hearing any matter arising from the application of this Act must also consider and, where, appropriate, may apply (a) convention international law, (b) customary international law, and (c) comparable foreign law.
Members voted in favour of this amendment.
Clause 5
On page 6, in line 9, to omit “subsection (1) and to substitute “this section”.
Members voted in favour of this amendment.
Clause 6
On page 6, after line 27, to add the following subsection:
(4) Nothing in this Act must be construed as precluding the prosecution of any person accused of having committed a breach under customary international law before this Act took effect.
Members agreed to all the proposals and voted in favour of the Bill with amendments.
The Chairperson read out the report from the Committee:
The Portfolio Committee and Defence having considered the subject of the Implementation of the Geneva Conventions Bill [B10-2011] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reported the Bill with amendments [B10A-2011].
The meeting was adjourned.
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