ATC140226: Report of the Portfolio Committee on Justice and Constitutional Development on the Special Investigating Units and Special Tribunals Bill [PMB 5 - 2013], dated 26 February 2014

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Constitutional Development on the Special Investigating Units and Special Tribunals Bill [PMB 5 - 2013], dated 26 February 2014

The Portfolio Committee on Justice and Constitutional Development (the Committee), having considered the Special Investigating Units and Special Tribunals Amendment Bill [PMB 5 – 2013], (National Assembly – section 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports as follows:

1. The Special Investigating Units and Special Tribunals Amendment Bill [PMB 5 – 2013] , a private member’s bill, was tabled and referred to the Committee on 19 June 2013. The Bill seeks to amend the Special Investigating Units and Special Tribunals, Act no. 74 of 1996, by:

· amending the procedure for the appointment of the Head of a Special Investigating Unit so as to make the appointment subject to the recommendations of the National Assembly;

· limiting the period for which a person can hold the position of Acting Head of the Special Investigating Unit;

· requiring the approval of the National Assembly for the removal of the Head of a Special Investigating Unit; and

· providing for specific timeframes within which a Special Investigating Unit must report to Parliament.

2. The Committee met with the sponsor of the Bill, Hon. D Schafer, on 5 November 2013, in order to receive a briefing on the Bill. No submissions were received on the Bill.

  1. The Committee invited the Department of Justice and Constitutional Development and the Special Investigating Unit to express their views on the Bill. Both institutions chose not to express any views on the merits of the Bill.

  1. The Committee deliberated on the Bill on 25 and 26 February 2014 and adopted a motion that the Bill is not desirable.

Report to be considered.

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