Criminal Matters Amendment Bill; Witness Protection and Services Bill; Sheriffs Amendment Bill: discussion

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Justice and Correctional Services

03 August 1998
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Meeting Summary

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Meeting report

JUSTICE PORTFOLIO COMMITTEE
4 August 1998
CRIMINAL MATTERS AMENDMENT BILL; WITNESS PROTECTION AND SERVICES BILL; SHERIFFS AMENDMENT BILL: DISCUSSION

Documents handed out:
(CRM6) Criminal Matters Amendment Bill [B98-97]: proposed amendments
(CRM7) Memorandum on Criminal Matters Amendment Bill: Summary of amendments contained in the Bill in regard to the Mental Health Act, 1973 and the Criminal Procedure Act, 1977.
(SHR7) Sheriffs Amendment Bill: amendments agreed to (second draft)

MINUTES
Criminal Matters Amendment Bill [B98-97]

There was a continued consideration of the amendments to the Criminal Matters Amendment Bill. Documents CRM6 and CRM7 were perused and no major changes were made except
that Clause 2 (1) (a) should include rape. Other technical amendments consisted of requests
to Mr van Wyk, law advisor, to look at wording in some of the sentences and rephrase them.
Mr de Lange summed up the considerations of these amendments by saying that they had tried to solve the Legal Aid problem as lawyers have been unscrupulous in the past. Also IT has been brought into line with the Constitution, it is clearer and has built-in criteria. Mr van Wyk would redraft and sort out where necessary and make the distinction between serious and not serious.

Witness Protection and Services Bill [B9-98]
No major changes were requested in the continued consideration of this Bill. Ms Govender warned of negligence regarding Clause 15. Mr Labuschagne, the law advisor, who was presenting the overview of amendments was asked by the Chairperson to try and complete any changes as a priority.

Sheriffs Amendment Bill [B2-98]
The third item discussed was the Sheriffs Amendment Bill. Mr Johan de Lange, law advisor, presented the reading of the amendments and he was requested to return with a final draft so that the Bill can be voted on.

The next meeting of the Justice Portfolio Committee will take place on the 5th August at 10 am.

PRESENT:
ANC: J DE LANGE, LB NGWANE, MR MAHLANGU, N. BOTHA, MR MOLEWU,
P. MADIKEZILA, G. SOLOMONS.
NP: S. CAMERER, D. GOVENDER.
IFP: ADV. P. O. MALLEY
FF: ADV. DE VILLE.

Adv. M.M. BEKKER - STATE LAW ADVISER
MR P A VAN WYK - SA LAW COMMISSION
MR J DE LANGE - LAW ADVISOR
MR J LABUSCHAGNE - LAW ADVISOR
MR MACKENZIE - RESEARCHER

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