Passing of resolution

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Meeting Summary

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Meeting report

31 August 1999

Documents handed out:
Prevention of Organised Crime Second Amendment Bill (B 41A-99)
Prevention of Organised Crime Second Amendment Bill (B 41B-99)
Resolution (see below)

The Chairperson reported the Bill with amendments. All the NA and NCOP members were unanimously in favour of the Bill.

After the resolution was read the members were generally pleased with its contents except for suggesting few technical amendments. Mr Smit of the Drafting Team noted down the Committee's suggested amendments for purposes of redrafting the resolution.

The resolution was passed.

Appendix 1:
The Ad Hoc Joint Committee on Prevention of Organised Crime Second Amendment Bill further wishes to report as follows:

The Ad Hoc Committee realises that the current judicial uncertainty regarding the application of the Prevention of Organised Crime Act, 1998, ("the Act") creates an urgent need for the legislature to consider the more salient issues arising directly from recent judgments of the High Courts regarding the provisions of the Act.

Various commentators have recently commented on the Act, mainly without fully substantiating their comments. In the light thereof the Ad Hoc Committee requests the Department of Justice to commence an investigation into the validity of such comments with a view to identify and address any possible uncertainties and any possible problems regarding the meaning of, and problems pertaining to, the practical application of the Act and, if necessary, to bring such matters to the attention of the Portfolio Committee on Justice and Constitutional Development and to take appropriate action to rectify the situation.

The Ad Hoc Committee commends the Office of the National Director of Public Prosecutions for its laudable efforts to combat crime with all means at its disposal in spite of the difficult circumstances under which it operates. The Ad Hoc Committee urges the Office of the National Director of Public Prosecutions to continue to apply the Act with diligence and with respect for the principles of the rule of law and protection of human rights which underly the Constitution, 1996.


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