Regulation & Interception of Communications & Provisions of Communication-Related Information Bill; Insolvency Second Amendment

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Justice and Correctional Services

11 November 2002
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JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE

JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE
12 November 2002
REGULATION AND INTERCEPTION OF COMMUNICATIONS AND PROVISIONS OF COMMUNICATION-RELATED INFORMATION BILL; INSOLVENCY SECOND AMENDMENT BILL: ADOPTION OF NCOP AMENDMENTS

Chairperson:
Adv J H de Lange (ANC)

Documents handed out
Regulation of Interception of Communications and Provision of Communication-related Information Bill [B 50C - 2001]
Draft Committee Report on Regulation of Interception Bill (see Appendix 1)
Insolvency Second Amendment Bill [B53B-2002] as passed by this Committee on 25/09/02
NCOP proposed amendments to Insolvency Second Amendment Bill (see Appendix 2)

SUMMARY
The Committee accepted the NCOP proposed amendments to the Insolvency Second Amendment Bill, and adopted the Bill as amended.

The Committee accepted the NCOP proposed amendments to Regulation of Interception of Communications and Provision of Communication-related Information Bill. Both the Bill and the Report were adopted by Members, as amended.

MINUTES
Insolvency Second Amendment Bill
The Chair drew Members' attention to the single-paged document containing the amendments proposed by Ms S Camerer (NNP) [see Appendix 2], and noted that the Committee agreed to the amendments as proposed. These amendments had originally appeared in the Judicial Matters Amendment Bill [B55-02]. The Portfolio Committee had pointed out to the Department that it would be better to place these in the Insolvency Second Amendment Bill. As that Bill had already been passed by the Committee, this suggestion had to be effected when the Bill was processed by the relevant NCOP committee.

The Committee approved these NCOP amendments.

Regulation of Interception of Communications and Provision of Communication-Related Information Bill
The Chair reminded Member's that the Committee has already fully discussed both the C Version of the Bill and the Committee Report on the Bill the previous week. He read the Committee Report on the Bill and contended that the phrase "at the earliest convenience" at the end of the Report is problematic because it is too vague, and should instead read "but to at least report its progress to Parliament by February 2003".

Mr J Jeffrey (ANC) questioned whether the Report should not instead provide that the National Assembly has to be reported to and not Parliament.

The Chair stated that the standard practice is to refer the report to Parliament.

Mr Johan Labuschagne, Legal Drafter from the Department of Justice and Constitutional Affairs (the Department), informed Members that the last sentence of the Report refers to "submitting... legislation" which is always referred to Parliament, and not to the National Assembly.

The Chair agreed and stated that the last portion of the Report will be amended to read that the Department will have to report to the National Assembly on its progress by the end of February 2003, and amended legislation will have to be submitted "at the earliest opportunity".

Ms Camerer raised concern with the use of the term "un-blacklisted" under Point 1 in the Report.

The Chair proposed that that term be replaced with the phrase "unless it is removed from the blacklisting", and noted that Members agreed to this amendment.

The Chair noted that Members agreed to the Committee Report on the Bill as amended, as well as to the Committee Report on the Bill.

There were no further questions or comments and the meeting was adjourned.

Appendix 1:
Draft Report of the Portfolio Committee on Justice and Constitutional Development on the Regulation of Interception of Communications and Provision of Communication-related Information Bill [B 50B - 2001] (National Assembly - sec 75), dated 12 November 2002:

The Portfolio Committee on Justice and Constitutional Development, having considered the Regulation of Interception of Communications and Provision of Communication-related Information Bill [B 50B - 2001] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 1 November 2002, p 1693), referred to the Committee, reports the Bill with amendments [B 50C - 2001].

The Committee wishes to report further, as follows:

1. After the Bill was passed by the National Assembly on 17 September 2002, it has been brought to the Committee's attention that the Bill does not provide for compulsory "blacklisting" of lost and stolen cellular phones. When a cellular phone (handset) is "blacklisted" by a cellular telecommunication service provider, the handset is inactive on all networks (provided they support blacklisting) and the handset cannot be used again unless it is "un-blacklisted" by the cellular telecommunication service provider concerned or by other unlawful means.

From the preliminary views expressed by the respective cellular telecommunication service providers on the issue of compulsory "blacklisting", it appears to the Committee that there is no unanimity amongst them on the matter in question. Whilst some of them support compulsory "blacklisting", others are more in favour of compulsory "greylisting". When a cellular phone (handset) is "greylisted" by a cellular telecommunication service provider, the handset remains active and can be used on all networks, but the user will receive periodic messages to contact their telecommunications service provider, since the phone was reported as lost or stolen.

Due to a lack of time, the Committee was not in a position to—

(a) obtain the formal views of the cellular telecommunication service providers and law enforcement agencies on the matter in question; and

(b) conduct any investigation into the matter in question and to consider the pros and cons of "blacklisting" and "greylisting", respectively.

In the light of the above, the Committee recommends that the Minister for Justice and Constitutional Development be requested to direct that his Department investigate the above-mentioned matters with a view to submitting amending legislation, if necessary, to Parliament at the earliest opportunity.

Report to be considered.

Appendix 2:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the Insolvency Second Amendment Bill [B 53B-2002] (National Assembly-sec 75), referred to it, reports the Bill with proposed amendments, as follows:

NEW CLAUSES
I. That the following be new Clauses:

Amendment of section 49 of Act 24 of 1936, as amended by section
21 of Act 6 of 1963, section 12 of Act 99 of 1965 and section 1 of Act
49 of 1996

5. Section 49 of the Insolvency Act, 1936, is amended by the substitution for subsection (2) of the following subsection:
" (2) Nothing in this section shall be construed as preventing the [Secretary for Inland Revenue] Commissioner for the South African Revenue Service from proving in the manner provided in this Act a claim against the estate of a partnership in respect of any sum referred to in paragraph (h) of section one hundred and one, or any interest due on such sum."

Amendment of section 99 of Act 24 of 1936, as substituted by section 5 of Act 6 of 1972 and amended by section 6 of Act 62 of 1973, section 9 of Act 29 of 1974, section 69 of Act 85 of 1974, section 50 of Act 103 of 1978, section 3 of Act 139 of 1992 and section 3 of Act 122 of 1998

6. Section 99 of the Insolvency Act, 1936. is amended-
(a) by the substitution in subsection( 1 )(b) for subparagraph (v) of the
following subparagraph:

" (v) has under the provisions of the Sixth Schedule to the said Act deducted or withheld from any insurance benefit under any insurance policy. in respect of the liability of any person for normal tax, but did not pay to the [Secretary for Inland Revenue ] Commissioner for the South African Revenue Service prior to the sequestration of the estate. and any interest payable under that Act in respect of such amount in respect of any period prior to the date of sequestration of the estate;"; 'and
(b) by the substitution for paragraph (e) of subsection (I) of the following paragraph:
(e) any amount which in terms of the Unemployment Insurance Contributions Act, [1966 (Act No.30 of 1966)] 2002 (Act No.4 of 2002). was, immediately prior to the sequestration of the estate, due to the Unemployment Insurance Fund by the insolvent in his capacity as an employer, in respect of any contribution, penalty or other payment; and".

LONG TITLE
1. On page 2, in the fifth line. to omit the second "and".
2. On page 2, in the sixth line, after "compensation;" to insert:
and so as to effect certain textual corrections

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