Committee Reports: Mutual Legal Assistance in Criminal Matters & Extradition Treaty between the Republic of South Africa and United Mexican States & Magistrate suspension

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Justice and Correctional Services

29 May 2020
Chairperson: Mr G Magwanishe (ANC)
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Meeting Summary

Tabled Committee Reports

The Portfolio Committee on Justice and Correctional Services considered and adopted the Extradition Treaty as well as the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of South Africa and the United Mexican States. These reports were considered in terms of Section 231 (2) of the Constitution of the Republic of South Africa of 1996,

The report on the provisional suspension of Magistrate L T Mkansi was also considered and adopted.

A decision was made to postpone the consideration and adoption of reports on Budget Votes.

The Presidency’s notice determining the salaries of office bearers of independent constitutional institutions (South African Human Rights Commission and Public Protector) was not discussed.

Meeting report

The Chairperson enquired whether a quorum was in place for the meeting to proceed.

The Committee Secretary confirmed the presence of seven members which constituted a quorum.

The Chairperson welcomed the members and stated that only three items were on the agenda. The adoption of the report on Budget Votes would be discussed on Wednesday of the following week. Based on the fact that the reports under discussion were circulated, he made the assumption that members have read them.

Extradition Treaty between the Republic of South Africa and the United Mexican States
The Chairperson tabled the report for consideration.

Members noted no errors in the draft report.

The Chairperson read the report into the record: The Portfolio Committee on Justice and Correctional Services on the Treaty and Explanatory Memorandum to the Treaty between the Government of South Africa and the Government of the United Mexican States tabled the report in terms of Section 231 (2) of the Constitution of the Republic of South Africa of 1996, dated 29 May 2020.

Having considered the Treaty and Explanatory Memorandum, a request would be made for Parliament to table the Treaty and recommend that the National Assembly approve and ratify the Treaty.

The report was adopted with the reservation of the Democratic Alliance.

Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of South Africa and the United Mexican States
The Chairperson tabled the report for consideration.

No comments were made in respect of the report.

The Chairperson read the report into the record: The Portfolio Committee on Justice and Correctional Services on the Treaty on Mutual Legal Assistance and Criminal Matters between the Government of South Africa and the Government of the United Mexican States tabled the report in terms of Section 231 (2) of the Constitution of the Republic of South Africa of 1996, dated 29 May 2020.

Having considered the Treaty on Mutual Legal Assistance and Criminal Matters between the Government of South Africa and the Government of the United Mexican States, a request would made for Parliament to table the Treaty and recommend that the National Assembly approve and ratify the Treaty.

The report was adopted with the reservation of the Democratic Alliance.

Report on the provisional suspension of Magistrate L T Mkansi, a regional magistrate in Bloemfontein
The Chairperson tabled the report for consideration.

Mr W Horn (DA) proposed the following changes to the report:
Paragraph three: “invite” to be changed to “invited”.
Paragraph five: “the commission is of the view” to be changed to “the commission was of the view”.

The report was adopted with these minor changes.
 
Adv H Mohamed (ANC) asked whether the Department of Justice report was available. In response, the Committee Secretary said that the report should be available before 13:00 on the same day.

The meeting was adjourned.


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