ATC210907: Report of the Portfolio Committee on Justice and Correctional Services on the Criminal Procedure Amendment Bill [B12– 2021] (National Assembly – section 75), dated 7 September 2021

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the Criminal Procedure Amendment Bill [B12– 2021] (National Assembly – section 75), dated 7 September 2021

 

The Portfolio Committee on Justice and Correctional Services, having considered the Criminal Procedure Amendment Bill [B12 - 2021], referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports the Bill with amendments [B12A-2021].

 

The Committee reports further:

 

1. Context

 

1. On 14 June 2018, in Centre for Child Law and Others v Media 24 Limited and Others [2019] ZACC 46, the Constitutional Court declared section 154(3) of the Criminal Procedure Act 51of 1977 (“the Act”), to be inconsistent with the Constitution to the extent that the provision does not protect the identity of child victims in criminal proceedings.

 

1. Further, on the issue of ongoing protection, the Constitutional Court declared section 154(3) of the Act constitutionally invalid to the extent that the protection that children receive in terms the section does not extend beyond their reaching the age of 18 years.

 

1. The Constitutional Court gave Parliament 24 months to enact remedial legislation, that is before 4 December 2021. In the meantime, a reading-into section 154(3) is provided.

 

 

1. Process

 

1. The Criminal Procedure Amendment Bill [B12-2021]was introduced to Parliament and referred to the Committee for consideration and report on 26 May 2021. The Committee was briefed on the contents of the Bill on 28 May 2021.

 

1. Briefly, the Bill amends section 154(3) of the Act, which affords anonymity protection for child accused or witnesses in criminal proceedings that prevents the publication of any information that discloses the identity of child accused and witnesses. However, the Act does not provide the same protection to child victims.The provision also does not extend the protection into adulthood for child accused, witnesses and victims.

 

1. Broadly, the Bill, proposes to remedy section 154(3) of the Act by, among others:

 

1. Prohibiting the publication of any information which reveals or may reveal the identity of a child accused or a witness or a victim, unless a court authorizes the publication.

 

1. Providing on-going protection to child accused, witnesses and victims beyond the age of 18 years, unless the court authorises otherwise.

 

1. Public hearings

 

1. In response to the call for public comment, the Committee received a submission from the Centre for Child Law, proposing certain refinements to which the Committee agreed, namely that the Bill make it clear that:

 

1. The prohibition on publication extends also to social media or electronic platforms.

 

1. A child accused, a witness or victim may publish their own identity without the need for a court order unless a court order has been made authorising the protection of their identity into adulthood.

 

Report for consideration.