Programme for 1999: discussion

SECURITY & JUSTICE SELECT COMMITTEE
10 February 1999
PROGRAMME FOR 1999: DISCUSSION

MINUTES

A matter of importance to the Chairperson, Mr Moosa, was the budget hearing dates. The Chairperson wanted Mr de Lange (Department's legal advisor) to find out the exact dates for those hearings.

The target for the budget hearing was set for 4^th March 1999. The committee decided that they would set their own dates if Mr de Lange found out that the dates for the budget hearings had not yet been set.

The committee decided that their priority would be justice, safety and security and correctional services. Defence was not a priority. The Chairperson suggested that the three Ministers concerned make one speech dealing with all the issues on 4th March. The reason for that was that it would give the members sufficient time to look at it holistically and deal with everything in the specified time given to them.

The programme until 4 March was specified as follows:
1) The Safety and Security Budget meeting on 16 February from 11h30 to 13h00
2) The SAPS budget hearing on 19 February from 11h30 to 13h00.
3) A joint meeting with the National Assembly on Operation Good Hope, the Richmond operation and the Operation PAX 2 hearings on 23 February. This would be from 11h30 to 13h00.
4) On 24^th February the NCOP budget hearings were scheduled. The Ministers would be invited for this meeting. They would also get a briefing on the budget hearing and the restructuring of SAPS.

Legislation which would be dealt with after 4^th March would be:
1) Criminal Procedure Amendment Bill [B132B-98]
This concerned the secure care facilities for children. The Chairperson stated that the Bill was passed by Parliament, but it was not signed by the President. Mr de Lange pointed out that the reason for that was intervention by the Welfare Portfolio Committee and the Minister of Welfare. Amendments had been recommended by the Minister of Welfare, but no agreement had been reached.

2) Criminal Procedure Amendment Bill [B7-99]
This concerned the automatic review procedure for Magistrates. Mr de Lange commented that the reason for the abolishment of the requirement was that every year there were 8500 reviews and only 2,5% of them actually went to the High Court. The process of reviewing all of the above cost 1,8 million. The Chairperson enquired as to when the committee would receive the Bill. Mr de Lange replied that the Justice Portfolio Committee was not overly enthusiastic to process the Bill as they were loathe to remove the safeguard of an automatic review. The Chairperson commented they would adopt the same attitude as the Justice Portfolio Committee.

3) Open Democracy Bill
This Bill has to be completed by February 2000, as required by the Constitution. The Chairperson suggested that the committee do some groundwork for the next committee as this Parliament would not complete the Bill. It was decided that they would have public hearings on the Bill after 4^th March.

4) Amendment of Customary Law of Succession Bill [B109-98]
Mr de Lange informed the members that the Justice Portfolio Committee decided that it would not be possible to pass the Bill in this session. The Chairperson agreed and said the Bill was far too complicated to process in this short session.

5) Prevention of Organised Crime Amendment Bill [B2-99]
Mr de Lange pointed out that the portfolio committee would finish the Bill that day, after which it would be referred to the committee. It was decided that the Bill would be passed after 4^th March.

6) Interception and Monitoring Prohibition Amendment Draft Bill
Mr de Lange said the Bill could only be enforced with the cooperation of the cellular network companies. The committee decided to come back to this Bill

Mr de Lange came back to report that no dates had been set for the budget hearings.

The Chairperson gave the following dates for the hearings:
Monday, 16 February
Wednesday, 18 February
Monday, 22 February
Friday, 26 February
Monday, 1 March
Tuesday, 2 March
Wednesday, 3 March

Mr de Lange said the committee would only need one date for the hearings. The Chairperson pointed out that more than one date was required as the following societies would be making proposals:
1) The Legal Aid Board
2) The Magistrates Board
3) Judicial Services Commission
4) Human Rights Commission
5) Youth Commission
6) Public Protector
7) The Justice College

Mr de Lange wanted to know which Minister would attend which meeting. The Chairperson remarked that the dates would have to be confirmed first.

The committee stressed that no legislation would be discussed until after 4^th March and emphasis would be placed on the budget hearings.