Meeting SummaryThe Committee was informed by the Department of Justice and Constitutional Development that those sections of the Regulations Relating to the Judicial Service Commission Act that did not require parliamentary approval had been removed. The Committee was of the view that it was not in a position to finalise the Regulations and would have its term extended.
Renewal of the Committee’s Term
The Chairperson said that the term of the Committee was due to expire on Friday, 23 November 2012. What was outstanding was for the Committee to deliberate on the Regulations of the Judicial Service Commission Act. Was the Committee in a position to finalise its deliberations
Mr J Jeffery (ANC) said that the Committee was not in a position to finalise the Judicial Service Commission Amendment Bill. The points raised by Judge Bernard Ngoepe on registrable interest and how this requirement would render the acquisition of acting judges more difficult were understandable. To address this, the Committee could insert something along the lines that should there be a dispute that related to a conflict of interest then the Judge President would be empowered to require a disclosure of registrable interest. Parliament had also conceded that one could not force immediate family to disclose.
Mr H Schmidt (DA) said that he agreed that the Committee could not finalise the Bill.
The Chairperson noted that the Committee was in agreement.
Advocate Johan De Lange, Principle State Law Adviser from the Department of Justice and Constitutional Development (DoJ&CD), said that the sections of the Regulations that had not required parliamentary approval had been removed. An option had been drafted with regards to Part 4 of the Regulations.
Mr Schmidt said that the Committee still had to have a proper discussion and debate even though the Regulations had been amended and those sections that did not require parliamentary approval had been removed.
Mr J Van der Merwe asked until what time would the term of the Committee be extended.
The Chairperson said that this would be decided by the Programming Committee and Members would be duly notified.
The meeting was adjourned.
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