ATC121116: Report of the Portfolio Committee on Justice and Constitutional Development on the Constitution Seventeenth Amendment Bill [B6 – 2011], (National Assembly – section 74(3)(a)), dated 15 November 2012

Report of the Portfolio Committee on Justice and Constitutional Development on the Constitution Seventeenth Amendment Bill [B6 – 2011], (National Assembly – section 74(3 )( a)), dated 15 November 2012

The Portfolio Committee on Justice and Constitutional Development, having considered the subject of the Constitution Seventeenth Amendment Bill [B6 – 2011], (National Assembly – section 74(3 )( a)), referred to it and classified by the Joint Tagging Mechanism as a section 74(3)(a) Bill, reports the Bill with amendments [B6B-2011]. The African Christian Democratic Party abstained from voting and Congress of the People voted against the Bill.

The Committee wishes to report further:

1. The Bill clarifies the role of the Chief Justice by providing that he or she is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of judicial functions. The Committee is of the view that this will greatly assist the judiciary to address challenges that it faces with regard to the exercise of judicial functions. The Committee has repeatedly expressed concern regarding declining court performance. It understands that the Chief Justice has already actively begun to co-ordinate the roleplayers in addressing case flow management for a more streamlined process and welcomes this.

2. The Committee understands that the process of capacitating the Office of the Chief Justice, which was proclaimed a government department in September 2011, is well underway. The Committee once more welcomes these developments and understands that this is the only way to establish the Office in the short-term. However, the Minister is urged to expedite the tabling of legislation establishing a separate Office of the Chief Justice so that the judiciary can assume full administration of the courts.

3. The Bill recognises the Constitutional Court ’s jurisdiction to hear not only constitutional matters but also matters that raise an arguable point of law of general public importance. The increased jurisdiction confirms that the Constitutional Court is the highest court in the land.

4. The Committee is concerned that there may be instances where courts are established in legislation that is not introduced by the Minister responsible for Justice. In the Committee’s view this is wholly undesirable as it undermines the development of a coherent judicial system. The Committee believes that a further consitutonal amendment is necessary whereby only the Minister responsible for Justice can introduce legislation establishing courts in the same way that only the Minister responsible for Finance may introduce money bills.

Report to be considered