Criminal Matters Amendment Bill; Magistrates amendment Bill and Attorneys Amendment Bill: finalisation and voting

Meeting report

SECURITY & JUSTICE SELECT COMMITTEE
7 September 1998
CRIMINAL MATTERS AMENDMENT BILL; SHERIFFS AMENDMENT BILL; ATTORNEYS AMENDMENT BILL; MAGISTRATES AMENDMENT BILL: FINALISATION & VOTING

Documents handed out:
Amendments to Attorneys Amendment Bill
Extract from SA Law Commission Report on Criminal Matters Amendment Bill
Amendments to Sheriffs Amendment Bill

SUMMARY
These four bills were agreed to by the committee. The Sheriffs Amendment Bill and Attorneys Amendment Bill were passed with amendments. The Criminal Matters Amendment Bill and Magistrates Amendment Bill were passed without amendments. Regarding the Magistrates Amendment Bill, the committee adopted a resolution requesting that a mechanism be found to ensure that magisterial and police boundaries be synchronised with those of the Local Government’s demarcated boundaries. These bills will be debated in the National Council of Provinces plenary on 15 September.

An extra meeting is planned for Wednesday afternoon, 9 September 1998, to deal with any further legislation that is passed by the National Assembly.

MINUTES
The committee was unable to discuss the Public Protector, Magistrates Courts Amendment nor the Witness Protection & Services Bills as they are not through the National Assembly yet. Deliberations on the Debt Collectors Bill have been left for the next cycle of the NCOP to allow time for the law advisor to investigate involving factoring houses in the Bill.

Attorneys Amendment Bill
Voting took place after clarity was given that the misappropriation of a client's money, regardless of whether it was placed in a trust account or the attorney's business account, would be covered by the Attorneys' Fidelity Fund.

The Bill was passed with amendments.

Sheriffs Amendment Bill
The Bill was passed with amendments.

Magistrates Amendment Bill
The Bill was passed without amendments. However the committee adopted a resolution calling upon the Ministeries of Justice, Safety and Security and Local Government to find a mechanism to ensure that magisterial and police boundaries be synchronised with the demarcated boundaries of Local Government.

Criminal Matters Amendment Bill
The committee again discussed Clause 5 of B93B-98 to ensure that it would not be the onus of the court to refer for investigation perpetrators who are using non-pathological incapacity such as a blind rage or emotional stress as a defence. It was established that the court has the discretion.

The Bill was passed without amendments.