ATC210419:Report of the Select Committee on Security and Justice on the Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75), dated 19 April 2021

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75), dated 19 April 2021:

 

The Select Committee on Security and Justice, having deliberated on and considered the subject of the Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75), referred to it on 9 March 2021 and classified by the JTM as a section 75 Bill, agreed to the Bill without proposed amendments and reports as follows:

 

1. Background

In May 2019, the Constitutional Court[1] handed down judgment in an application for confirmation of a declaratory order of constitutional invalidity by the Pretoria High Court. The High Court declared invalid section 136(1) of the Correctional Services Act of 1998 (Act, 111 of 1998) on the grounds that the impugned provision breached the constitutional rights to equal treatment by the law and not to be discriminated against unfairly.

Section 136(1) of the Correctional Services Act, 111 of 1998 is a transitional provision, which governs the transition from the parole eligibility requirements under the 1959 Act to those under the 1998 Act.

Section 136(1) provides that, offenders sentenced before 1 October 2004 are subject to the 1959 Act and must serve a minimum of 20 years, but offenders sentenced after 1 October 2004 are subject to the 1998 Act and must therefore serve a minimum of 25 years. Section 136(1) thus created a dual system of assessment, consideration and placement on parole of sentenced inmates determined by their date of sentence.

The Bill therefore seeks to amend the principal Act in order to align the definition of ‘Minister’ with the amended portfolios as assigned by the President. The Bill further proposes amendments to the principal Act to align it with the Constitution and the Phaahla judgment with regard to the placement of a sentenced offender under day parole, parole and correctional supervision; and to provide for the minimum periods to be served before becoming eligible for consideration for such release and placement in terms of the parole regime applicable at the date of commissioning of an offence.

 

Parliament was given 24 months to amend Section 136(1) of the Correctional Services Act, which would expire on 2 May 2021.

 

 

1. Public participation process on the Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75)

 

The Department of Correctional Services briefed the Committee on 10 March 2021 and thereafter the Committee processed the Bill for publication.

• The Bill was published on Parliament’s social media platforms and website from 10 March 2021.
• The Bill was published in national newspapers from 29 March 2021 with a deadline of 16 April 2021.
• The Committee received no public comments on the Bill.

 

1. Consideration of the Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75)

 

The Committee did not receive any submissions and on 19 April 2021 proceeded to consider the Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75).

 

1. Consensus on the Bill

The Chairperson put the Bill for consideration: The Bill was unanimously supported by the Committee.

 

1. Recommendation

The Select Committee on Security and Justice, having considered the Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75), referred to it and classified by the JTM as a section 75 Bill, submits the Bill without proposing amendments, for the Council’s consideration. 

 

Report to be considered.

 

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[1] In the matter between Phaahla v Minister of Justice and Correctional Service and Another (Thlakanye Intervening) [2019]