ATC170534: Report of the Portfolio Committee on Justice and Correctional Services on the Judicial Matters Amendment Bill [B 14 - 2016] (National Assembly – section 75), dated 24 May 2017

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the Judicial Matters Amendment Bill [B 14 - 2016] (National Assembly – section 75), dated 24 May 2017
 

The Portfolio Committee on Justice and Correctional Services, having considered the Judicial Matters Amendment Bill [B 14 – 2016], referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports the Bill with Amendments [B 14B - 2016]. The Committee wishes to report further as follows:

1. The Bill seeks to amend a number of Acts, most of which are administered by the Department of Justice and Correctional Services, to address practical and technical issues that have arisen.

 

1. The Bill was advertised for public comment in various newspapers and in all official languages. The Committee received three written submissions and held public hearings on the Bill in Parliament on 4 May 2017.

 

1. In order to address challenges of interpretation and implementation, the Bill proposes in clause 38 to remove the word “exclusively” found in section 55A (1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, which empowers the Minister to designate any division of the High Court or Magistrates Court at which a sexual offences court must be established.

 

1. The Committee, however, is of the view that there is a need to ensure that sexual offences matters get the priority attention they deserve. The Bill, therefore, in clause 35 proposes to insert a definition of “sexual offences court” in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, that provides for the court roll of a sexual offences court to deal exclusively with criminal proceedings relating to sexual offences.

 

Report to be considered.