ATC140214: Report of the Portfolio Committee on Justice and Constitutional Development on the Constitution Nineteenth Amendment Bill [PMB 7 - 2013], dated 12 February 2014

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Constitutional Development on the Constitution Nineteenth Amendment Bill [PMB 7 - 2013], dated 12 February 2014

The Portfolio Committee on Justice and Constitutional Development (the Committee), having considered the Constitution Nineteenth Amendment Bill [PMB 7 – 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 Nineteenth Amendment Bill , a private member’s bill, was tabled and referred to the Committee on 12 August 2013. The Bill seeks to amend the Constitution of the Republic of South Africa, 1996, so as to provide for clear criteria to further regulate the appointment of judicial officers and the composition of the Judicial Service Commission.

2. The Committee met with the sponsor of the Bill, Hon. M Smuts, MP, on 5 November 2013, in order to receive a briefing on the Bill. The Committee considered public submissions on the Bill and responses by the Department of Justice and Constitutional Development to the submissions on 4 February 2014. Having deliberated on the Bill, the Committee adopted a motion that the Bill is not desirable.

3. Views of the minority

A minority of members present (Democratic Alliance and Congress of the People) felt that the Bill is desirable and necessary as a basis for giving effect to proposals made in the National Development Plan.

Report to be considered.

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