ATC170621: Report of the Select Committee on Security and Justice on the Judicial Matters Amendment Bill [B14B – 2016] (National Assembly – sec 75), dated 21 June 2017

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Judicial Matters Amendment Bill [B14B – 2016] (National Assembly – sec 75), dated 21 June 2017:
 

The National Assembly referred the Judicial Matters Amendment Bill [B14B – 2016] (National Assembly – Section 75) (hereinafter referred to as the Amendment Bill) to the National Council of Provinces for concurrence on 6 June 2017. The National Council of Provinces referred the Amendment Bill for consideration and report to the Select Committee on Security and Justice on 6 June 2017.

 

Subject of the Amendment Bill

The primary aim of the Judicial Matters Amendment Bill [B14B – 2016] (National Assembly – Section 75), is to amend numerous Acts, most of which are administered by the Department of Justice and Constitutional Development and are intended to address practical and technical issues of a non–contentious nature.  

 

LAMOSA[1] Judgment and the public participation process

The NCOP developed a practice note to address the shortcomings in the public participation process highlighted in the Lamosa Judgement that dealt with Section 76 Bills. The LAMOSA judgement dealt with the Section 76 process and did not test the Section 75 process. However, the judgment noted that it is incumbent on each house to facilitate public involvement in all legislation referred to it. The Constitutional process for Section 75 does not require the NCOP to receive mandates from the provinces, as a S75 Bill, by its nature, does not affect provinces directly. The Committee is required to enquire into the subject of the Amendment Bill and facilitate public involvement in the legislative process and does so by advertising the Amendment Bill for public comment.

 

The Committee advertised the Amendment Bill on 14 June 2017 on Parliament’s electronic platforms, in all the official languages, and on radio broadcasts, in all official languages, calling for public comment on the Amendment Bill. The Committee received no submissions on the Amendment Bill.

 

Enquiry into the subject of the Amendment Bill

The Select Committee invited the Department of Justice and Constitutional Development to brief the Select Committee on the purpose and content of the Amendment Bill on 14 and 21 June 2017.

 

Consideration of the Amendment Bill

The Select Committee on Security and Justice having deliberated on and considered the subject of the Judicial Matters Amendment Bill [B14B – 2016] (National Assembly – Section 75), referred to it, reports that it has agreed to the Amendment Bill without proposing further amendments.

 

Report to be considered.

 

 

 

 

 

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[1] Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others CCT 40/15