Protocol of Court of Justice of African Union; Memorandum on UK Designation Under Cross-Border Insolvency Act & SA/India Treatie

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Justice and Correctional Services

25 October 2004
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Meeting report

JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE
26 October 2004
PROTOCOL OF THE COURT OF JUSTICE OF THE AFRICAN UNION; MEMORANDUM ON UK DESIGNATION UNDER CROSS-BORDER INSOLVENCY ACT AND SA/INDIA TREATIES ON EXTRADITION AND MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS: ADOPTION

Chairperson:
Ms F Chohan-Khota (ANC)

Documents handed out:
Resolution on the Protocol of the Court of Justice of the African Union
Resolution on the Designation of UK in terms of S2(2)(a) of the Cross-Border Insolvency Act
Resolution on the Treaty between the RSA and the Government of the Republic of India on Extradition
Resolution on the Treaty between the RSA and India on Mutual Legal Assistance in Criminal Matters
Treaty between the Government of RSA and the Government India on Extradition
Treaty between the RSA and the Government India on Mutual Legal Assistance in Criminal Matters
Protocol of the Court of Justice of the African Union
Protocol on Legal Affairs in the Southern African Development Community
Explanatory Memorandum on the Court of Justice of the African Union Protocol
Explanatory Memorandum on Designation of UK in terms of S2(2)(a) of the Cross-Border Insolvency Act
Explanatory Memorandum on Extradition and Mutual Legal Assistance in Criminal Matters Treaties

SUMMARY
The Committee had been briefed before by the Department on the documents and thus met to consider adoptions in terms of S231(2) of the Constitution. Although the Committee had adopted the Treaties between RSA/India on Extradition and Mutual Legal Assistance on Criminal Matters in the previous meeting, there was some technical error in that process, so it had to re-pass these two Treaties again.

MINUTES
The Chair noted that the Committee had initially been briefed on these documents on 8 September 2004 by the Department. The Department delegation consisted of Ms S Taitai, Policy Unit: Parliamentary Officer, Mr H van Heerden, Legal Advisor, and Mr S Thendisa, Legal Advisor

Resolution on the Protocol of the Court of Justice of the African Union
The Chair read the resolution of the Committee on this Protocol. She proposed that the word "that" in par 3 after "and" and in the beginning of par 4 be deleted. She further proposed that the word "African" before "Court of Justice" in paragraph 5 be also deleted.

Mr J Jeffrey (ANC) proposed that the provisions of paragraphs 3 and 4 be merged to form a new paragraph 3. He thereafter asked how many states have ratified the Protocol at this stage. Mr S Thendisa (Legal Advisor) answered that at this stage, only three states had ratified the Protocol, namely Senegal, Mauritius and Ethiopia. South Africa would thus become the fourth state, should Parliament ratified it.

The Committee unanimously resolved that the Protocol of the Court of Justice of the African Union be adopted in terms of S231(2) of the Constitution. The resolution would be rewritten accordingly and thereafter be sent to the Chair for signature.

Resolution on the Designation of UK in terms of S2(2)(a) of the Cross-Border Insolvency Act
The Chair said that the Department should note that in the future, the Committee would also like to see a summary of the legislation of the country to be designated, in conjunction with the copy of the Minister's proposed publication to be gazetted. She thereafter went through the Committee's resolution and proposed that the words "by the Minister of Justice and Constitutional Development" be inserted "notice" and before "for designation" in paragraph two. She further suggested that the section, in terms of which the designation had been effected, be mentioned in paragraph 3.

Mr S Swart (ACDP) asked if the status of those countries that had not yet responded to South Africa's request, should to be designated in terms of this Act.

Mr H van Heerden (Legal Advisor) noted that they were still pursuing the matter and were in constant contact with those countries on the matter.

The Committee unanimously resolved that the Protocol of the Court of Justice of the African Union be adopted in terms of S231(2) of the Constitution, and that the resolution be rewritten as proposed in the meeting. The resolution would be rewritten accordingly and thereafter be sent to the Chair for signature.

Resolution on the Treaty between the RSA/Government of the Republic of India on Extradition
The Chair read the resolution of the Committee on the Extradition Treaty between the Governments of RSA and India, and called for its adoption.

The Committee unanimously resolved that the Protocol of the Court of Justice of the African Union be adopted in terms of S231(2) of the Constitution and the resolution be rewritten as proposed in the meeting.

Treaty between the RSA and Government of India on Mutual Legal Assistance in Criminal Matters
The Chair read the resolution of the Committee on Mutual Legal Assistance in Criminal Matters Treaty between the Governments of RSA and India and called for its adoption.

The Committee unanimously resolved that the Protocol of the Court of Justice of the African Union be adopted in terms of S231(2) of the Constitution, and the resolution be rewritten as proposed in the meeting.

Mr Jeffrey (ANC) proposed that in future, it would be proper if the heading on the Treaties could refer to the National Assembly, as was the case with the Protocols. The Chairperson noted this concern.

The meeting was adjourned.

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