Report of the Portfolio Committee on
Justice and Constitutional Development on the Constitution Eighteenth Amendment
Bill [PMB 6 - 2013], dated 12 February 2014
The Portfolio Committee on Justice and
Constitutional Development (the Committee), having considered the Constitution Eighteenth Amendment Bill [PMB 6
– 2013], (National Assembly – section 74), referred to it and classified
by the Joint Tagging Mechanism (JTM) as a section 74 Bill, reports as follows:
1.
The Constitution Eighteenth Amendment Bill [PMB 6
– 2013], a private member’s bill, was tabled and referred to the
Committee on 30 July 2013.
2.
The Bill
seeks to amend the Constitution of the Republic of South Africa, 1996, so as to
provide for a new appointment mechanism and constitutional
provision for the removal of
the National Director of Public Prosecutions (NDPP). The Bill also aims to
remove the ambiguity found in section 179 as between the independence
guaranteed in subsection (4) and the Justice Minister’s “final responsibility”
in subsection (6) by removing subsection (6).
3.
The Committee met with the sponsor of the
Bill, Hon. M Smuts, MP, on 5 November 2013, who briefed the Committee on it.
4.
On 4 February 2014, the Committee
considered public submissions received on the Bill and the Department of
Justice and Constitutional Development’s responses to these.
5.
On 5 February 2014, after deliberating on
the Bill, the Committee adopted a motion that the legislation is not desirable.
6.
Views of
the minority
A minority
of members present (Democratic Alliance and Congress of the People) felt that
the Bill is desirable and
necessary because it addresses and resolves concerns about the independence of the NDPP and the National
Prosecuting Authority first articulated by then President Motlanthe,
former Justice and Constitutional Development Minister Surty
and members of the Ad Hoc Committee which considered the removal of Adv Vusi Pikoli as NDPP.
Report to be considered.