Criminal Matters Amendment Bill [B93-97]; Debt Collectors Bill [B102-97]: discussion

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Justice and Correctional Services

12 August 1998
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Meeting Summary

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Meeting report

JUSTICE PORTFOLIO COMMITTEE
13 August, 1998
CRIMINAL MATTERS AMENDMENT BILL [B93-97]; DEBT COLLECTORS BILL [B102-97]: DISCUSSION

Documents handed out
Amendments Agreed to on the Debt Collectors Bill
Proposed amendments to the Criminal Matters Amendment Bill, 13/8/98
Resolution on Debt Collectors Bill
Resolution on Criminal Matters Amendment Bill

SUMMARY
The amendments to the above-mentioned bills were discussed and the bills were passed without any objections or difficulties.

DETAILED MINUTES
Criminal Matters Amendment Bill
The chairperson, Adv. J. de Lange, went through the amendments that had been proposed:
Clause 1
The proposals were accepted.

Clause 2
The deletion of the word "serious" from "serious violence" was accepted. There were no further changes to clause 2.

Clause 3
Paragraph 5 comes out. Subsection (6) comes out because it deals with serious violence.

New Clause
The words "Attorney General" will be replaced by the words "Director of Prosecutors"

Clause 4
Clause 4(1) has been replaced. The chairperson pointed out that with the addition of "or omission" this clause deals with a constitutional issue but that the legal advisors are of the opinion that this clause will be acceptable constitutionally. The spelling of "omission" was the only correction to this amendment.

Clause 5
The committee accepted this section with the deletion of the word "serious" from "serious violence".

New Clause
The committee accepted this section.

Long Title
No amendments

The bill was passed without objections.

Debt Collector's Bill
Clause 1
It was accepted by the committee to exclude " a juristic person" and there were no further amendments and objections.

Clause 2
No amendments

Clause 3
Not happy with "a judge of a High Court". Ms L Botha (NP) was concerned that a judge does not have much time. The chairperson argued that if the committee suggests the appointment of some other person, they must take into consideration that there is no money to pay him/her. Miss Ngwane suggested a magistrate rather than a judge. Ms Camerer (NP) did not agree with Miss Ngwane’s suggestion and proposed a judge or a retired judge. Ms Jana (ANC) was also concerned with the availability of a judge and she suggested that it must be put "a judge or a legally qualified person". The chairperson suggested "any person with skills and experience in the administration of civil law" and Miss Camerer added to his suggestion that "any fit person with skills and experience in the administration of civil law matters". The committee was happy with her suggestion and it was finalised.

Clause 4
No amendments

Clause 5
Clause 5(2) changed by adding (2)(b) as agreed the previous day.

Clause 6
Passed the previous day's agreement

Clause 7
No amendments

Clause 8
No amendments, passed the previous day’s amendments

Clause 9
No amendments.

Clause 10
The chairperson suggested that there is no need for subsection 2 (a) (i) which provides for amnesty. The law advisor agreed and favoured (2)(a) (ii) which gives wide discretion. The committee agreed to this.

Clause 11
The law advisor said that as agreed this clause had been removed. A new clause has been added which will follow clause 12.

Clause 12
The law advisor clarified that this clause would automatically become Clause 11.

Clause 13
No changes.

Clause 14
The committee was satisfied with the code of conduct clause.

Clause 15
Clause 15(3) there was a minor change.

Clause 16
The committee was satisfied with what had been discussed the previous day.

Clause 17
Minor words added.

Clause 18 onwards
No amendments made except that in Clause 20 it was agreed to omit what had been discussed the previous day, and in Clause 25, 1997 was amended to 1998.

The committee agreed on the amendments made to the Bill and suggested no further amendments. The Debt Collector’s Bill was passed .
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