Correctional Services Amendment Bill: consideration of public submissions

NCOP Security and Justice

19 April 2021
Chairperson: Ms S Shaikh (ANC, North West)
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Meeting Summary

Video: Select Committee on Security and Justice 19 April 2021

The purpose of this virtual meeting was for the Committee to consider the public submissions and the Committee Report on the Correctional Services Amendment Bill [B32-2020]. This meeting was brief because of Members’ obligations to conduct their constituency work during Parliament’s recess period.

The Correctional Services Amendment Bill was developed to give effect to the judgment of the Constitutional Court in the Phaahla-case. The deadline for these amendments to be made is 3 May 2021. After the briefing received by the Department of Correctional Services, the Correctional Services Amendment Bill was advertised to call for public comments with the deadline of 16 April 2021. The advertisement was subsequently circulated in national newspapers, as well as on Parliament’s website and social media platforms. No public comments were received regarding the Correctional Services Amendment Bill.

Members unanimously supported the Correctional Services Amendment Bill and submitted it without proposing amendments for consideration by the Council. The Committee subsequently considered and adopted its report on the Correctional Services Amendment Bill.

Meeting report

The Chairperson convened the virtual meeting and welcomed Members. She expressed regard for Members’ obligations to conduct their constituency work during Parliament’s recess period and ensured that the meeting would be kept short and to the point.

The purpose of this virtual meeting was for the Committee to consider the public submissions and the Committee Report on the Correctional Services Amendment Bill [B32-2020].

Consideration of the Correctional Services Amendment Bill

Background to the Correctional Services Amendment Bill:

The Chairperson reminded Members that the Committee met on 10 March 2021 to receive a briefing from the Department of Correctional Services on the Correctional Services Amendment Bill. The Bill was developed to give effect to the judgment of the Constitutional Court in Phaahla v the Minister of Justice and Correctional Services & Others (Case CCT 48/18), dated 3 May 2019. In this judgment, the Constitutional Court found certain sections of the Correctional Services Act 111 of 1998 to be unconstitutional and ordered that those sections be amended within a period of 24 months from the date of the order. The Constitutional Court, in the Phaahla-judgment, declared sections 136(1) and 73(6)(b)(iv) to be inconsistent with sections 9(1) and 35(3)(n) of the Constitution, and ordered that section 136(1) be amended to apply parole regimes on the basis of the date of the commissioning of an offence, and not on the date of sentencing as provided in the Correctional Services Act.

The Constitutional Court, in the Phaahla-judgment, varied and confirmed the order of invalidity as made by the High Court. Section 136(1) of the Correctional Services Act is a transitional provision, and the Constitutional Court ordered that this section should read as follows: ‘‘Any person serving a sentence of incarceration for an offence committed before the commencement of Chapters IV, VI and VII of the Correctional Services Act is subject to the provisions of the Correctional Services Act 8 of 1959, relating to his or her placement under community corrections, and is to be considered for such release and placement by the Correctional Supervision and Parole Board in terms of the policy and guidelines applied by the former Parole Boards prior to the commencement of those chapters.’’.

The deadline for these amendments to be made is 3 May 2021. After the briefing received by the Department of Correctional Services, the Correctional Services Amendment Bill was advertised to call for public comments between 29 March and 16 April 2021. The advertisement was circulated in national newspapers, as well as on Parliament’s website and social media platforms.

Discussion

The Chairperson stated that the Committee received no public comments in this regard. She asked Members for an indication on whether they would like to make input or conduct further deliberations regarding this agenda item and the Correctional Services Amendment Bill.

Ms M Bartlett (ANC, Northern Cape) proposed that the Committee support the Correctional Services Amendment Bill, in light of the fact that no public comments were received.

Mr G Michalakis (DA, Free State) also supported the Correctional Services Amendment Bill on the grounds that no public comments have been received and that due processes in the National Assembly was followed.

Mr E Mthethwa (ANC, KwaZulu-Natal) supported the Correctional Services Amendment Bill.

Ms Z Ncitha (ANC, Eastern Cape) supported the Correctional Services Amendment Bill.

The Chairperson thanked Members for their input and stated that the Committee has unanimously supported the Correctional Services Amendment Bill, with no dissenting views.

Consideration of the Committee’s Report

The Chairperson tabled the Committee’s Report on the Correctional Services Amendment Bill. She stated that much of the contents of the Committee’s Report were covered in her opening remarks and that Members have had the time to review the document prior to the meeting.

The Committee subsequently considered and adopted its report on the Correctional Services Amendment Bill. There were no objections from Members.

The meeting was adjourned.



 

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