Special Investigating Units and Special Tribunals Amendment Bill: briefing

Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
28 February 2001
SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS AMENDMENT BILL: BRIEFING

Chairperson : Mr TB Taabe

Documents Handed Out:
Legislative Programme 2001
Special Investigating Units and Special Tribunals Amendment Bill [B9-01]

SUMMARY
The Department briefed the Committee on the various amendments that have been made to the existing Special Investigating Units and Special Tribunals Act, 1996. The Bill amends the Act to remove any reference to judges.

MINUTES
Special Investigating Units and Special Tribunals Amendment Bill
The Head of Legislation: Department of Justice and Constitutional Development, Mr J De Lange, noted that the purpose of the Bill is to bring the appointment of the Head of the Special Investigating Unit into line with the judgment of the Constitutional Court (South African Association of Personal Injury Lawyers v President of the Republic of South Africa). It is aimed solely at amending the provisions that the Constitutional Court declared unconstitutional.

Section 3 of the Act does not make provision for an 'acting' Head of the Unit. The section is amended to provide for this.

Section 3 refers to the power of the President to remove the Head of a Special Investigating Unit (SIU) from such office. According to the Act the President was required to consult with the Judicial Service Commission in removing a Head from office. Since judges would not be allowed to head such Units there is no longer a need for such a requirement.

The reference to judges in all the provisions of the Act is removed by the Bill.

Section 5 of the Act is amended by the deletion of subsection 8. Subsection 8 gave the Head of the Unit the power to issue interim interdicts or suspension orders. This was previously possible, as the Head of the Unit could have been a judge. However, it would no longer be possible for the Head of a Unit to carry out this judicial function, since judges would not be allowed to head any Unit.

Legislative Programme 2001
Mr De Lange stated that the Bills contained in the Programme reflect the priorities of the Department, in respect of new and amending legislation.

Court visits by the Portfolio Committee
The Portfolio Committee Chairperson, Adv J de Lange, has made a written request to the ANC Chief Whip, Mr T Yengeni, for approval of the Committee's planned visits to the various courts in Kwa-Zulu Natal, Eastern Cape, Gauteng and the Northern Province. The Committee has to consider the proposals made by Adv De Lange.

Discussion
Mr L Lever (DP) was concerned that the amendment to section 3 of the Act removed any obligation on the President to consult with an external body before removing a Head of a Unit. Mr De Lange stated that the Constitution would not permit the President to remove a Head from office without providing sound reasons for doing so. Furthermore, according to the Bill the President would need sound reasons for removing a Head from office.

Ms E Lubidla (ANC) referred to the Judge's Remuneration and Conditions of Employment Amendment Bill that would come before Cabinet in March this year. The Bill aims to make provision for a complaints mechanism in terms of which allegations of misconduct by judges could be dealt with. Did this mean that presently there are no mechanisms that deal with misconduct of judges?