Citation of Constitutional Laws Bill; Protocol on Legal Affairs in SADC: adoption ; Judicial Matters Amendment Bill: deliberatio

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Justice and Correctional Services

01 March 2005
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Meeting report

JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE

JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE
2 March 2005
CITATION OF CONSTITUTIONAL LAWS BILL; PROTOCOL ON LEGAL AFFAIRS IN SADC: ADOPTION ; JUDICIAL MATTERS AMENDMENT BILL: DELIBERATIONS

Chairperson:
Ms F Chohan-Khota (ANC)

Documents handed out:
Tagging of Citation of Constitutional Laws Bill [B5-2005]
Citation of Constitutional Laws Bill [B5A -2005] (see Appendix 1)
Constitution of the Republic of South Africa, Act 108 of 1996
Extracts from the Constitution of the RSA Amendment Acts
Judicial Matters Amendment Bill [B2 - 2005]
Judicial Matters Amendment Bill: Working draft
Report of the Portfolio Committee on the Protocol on Legal Affairs in SADC (see Appendix 2)

SUMMARY
The Committee having been briefed by the Department on the provisions of the Citation of Constitutional Laws Bill and Judicial Matters Amendment Bill, unanimously adopted Citation of Constitutional Laws Bill and the report on the Protocol on Legal Affairs in Southern African Development Community. The Department was requested to clear some provisions of the Judicial Matters Amendment Bill and consult the State Law Advisor and the Ministry where necessary.

MINUTES
Citation of Constitutional Laws Bill
Mr J Labuschagne (Department: Legal Drafter) took the Committee through the document titled "Tagging of Citation of Constitutional Laws Bill [B5-2005]" and also referred Members to the provisions of the Constitution of the RSA Second Amendment Acts, No 61 of 2002.

The Chair thanked the Department for compiling the document, noting that it clearly shed the light on the matter and then asked Mr Labuschagne to the Committee through the provisions of the proposed Citation of Constitutional Laws Bill [B5-2005].

Discussion
Preamble
Mr Labuschagne read the preamble.

Clauses 1,
Mr Labuschagne read through the clause, noting that in terms of this provision it would be deemed as if the Act number "108" associated with the Constitution of the Republic of South Africa of 1996 was never effected.

The Chair noting that this Clause deals with the past, present and future regarding the numbering of the Constitution, she called on the Members to choose between options one and two in this regard.

The Committee unanimously accepted option one of Clause 1.

The Committee unanimously adopted the Bill and the Chair thereafter read the Committee report.

Judicial Matters Amendment Bill
Mr L Basset (Department: Legal Drafter) took the Committee through the Bill, clause by clause, and highlighted the changes that had been effected to the Bill as per the Committee’s request. He noted that the concerns raised regarding Clauses 2 and 3 would be dealt with later after they have received the Minister’s response on that.

Discussion

Clauses 1-10, 16 and 17
Mr Basset read through these clauses.

Clause 11: Substitution of Section 12 of Act 114 of 1998
Mr Basset noted that the Debt Collectors Council was also of the view that it would be cumbersome and as a result, it should not be required of them to publish the register of their non-active members. Further the Council felt that it would be very costly to publish an active members’ register in national newspapers as requested and proposed that they should only be required to publish a notice of the prescribed places for inspection.

The Chair accepted that the Council could keep the non-active members’ register for their own use while it should publish the one containing active members for public inspection and on their website. She asked the Department to rewrite this Clause to make it clear that two registers may be kept by the Council and one of them, which should contain active members’ particulars, should be published as required in 12(2) and (3).

Clause 12: Insertion of Section 16A of Act 114 of 1998
Ms S Camerer (DA) proposed that the cancellation of the registration of the debt collector should also be recorded and a provision in that regard be inserted.

Mr Basset noted that they had registered the concern.

Clause 13: Amendment of Section 20 of Act 114 of 1998
The Chair noted that it was imperative that the Department clearly determine to whom the interest in the trust account should belong. She asked the Department to look at the matter taking into account the practice by attorneys and thus ensure that there was consistency throughout the law.

Clause 14: Substitution of Section 10 of Act 3 of 2000
The Chair noting that there was a difference between tabling for notification of Parliament and tabling for approval by Parliament, she asked the Department and State Law Advisors to seriously look at the matter. They should also consider any decided cases to see the courts interpretation in similar provisions.

Clause 15: Amendment of Section 1 of Act 4 of 2000
The Chair noted that the Committee accept the second option namely that "intersex means congenital sexual differentiation which is atypical, to whatever degree".

Ms Camerer was of the view that the definition of "intersexed" should also be provided in law since the concept of intersex was new in South African law.

Mr Basset noted that this Bill only deals with "intersex" and not "intersexed" but they would consider the proposal.

Report of the Portfolio Committee on the Protocol on Legal Affairs in SADC
The Chair read the Committee’s report and it was adopted unanimously.

The meeting was adjourned.


APPENDIX 1:

AMENDMENTS
AGREED TO

CITATION OF CONSTITUTIONAL LAWS BILL [B 5-2005]


PREAMBLE


1. On page 2, in the seventh line of the Preamble to omit ", for example,".


CLAUSE
1


1.On page 2, from line 3, to omit the heading and to substitute:


Option
1 :

No Act number to be associated with the Constitution of the Republic of South Africa, 1996


Option
2:

Deletion of reference to "Act No. 108 of 1996"

 

APPENDIX 2:

REPORT OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT ON THE PROTOCOL ON LEGAL AFFAIRS IN THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) IN TERMS OF SECTION 231 (2) OF THE CONSTITUTION, 1996 (ACT NO 1080F 1996)

The Committee on Justice and Constitutional Development, having considered the Protocol on legal Affairs in the Southern Development Community, reports as follows:


1) structures of the South African Development Community have since the initial signing of the Protocol on Legal Affairs in August 2000, undergone restructuring and rationalization of component Sectors.


2) the Legal Sector established in terms of the Protocol has been phased out and replaced in its entirety.


3) should Parliament ratify this Protocol and it comes into force, none of the Member states will be bound by its provisions, as the implementing structures have been phase out.


Accordingly the Committee recommends that the House not approve ratification of the Protocol.

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