ATC211117: Report of the Select Committee on Security and Justice on the Criminal Procedure Amendment Bill [B12B - 2021] (National Assembly – sec 75), dated 17 November 2021

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Criminal Procedure Amendment Bill [B12B - 2021] (National Assembly – sec 75), dated 17 November 2021.

 

The Select Committee on Security and Justice, having deliberated on and considered the subject of the Criminal Procedure Amendment Bill [B12B - 2021] (National Assembly – sec 75), referred to it on 10 September 2021, reports that it has agreed to the Bill without proposed amendments and reports as follows:

 

1. Background

 

The Criminal Procedure Amendment Bill [B12B - 2021] (National Assembly – sec 75) seeks to amend —

 

• the Criminal Procedure Act, 1977, so as to further regulate the publication of information which reveals or may reveal the identity of an accused, a witness or person against whom an offence has allegedly been committed who is under the age of 18 years; and to provide for matters connected therewith.

 

The Criminal Procedure Amendment Bill (‘the Bill’) aims to amend section 154 of the Criminal Procedure Act, 1977(Act 51 of 1977) (‘the CPA’) in order to give effect to a judgment of the Constitutional Court in Centre for Child Law and Others v Media 24 Limited and Others (“Centre for Child Law judgment”) 2019 ZACC 46.

 

The Constitutional Court (‘the Court’) confirmed the decision of the Supreme Court of Appeal and declared S 154(3) of the CPA constitutionally invalid for failing to protect the identity of child victims of crime in criminal proceedings and for failing to provide ongoing protection of anonymity to child accused, witnesses and victims.

 

The Bill is tagged as a Bill to be dealt with in terms of Section 75 of the Constitution (a Bill not affecting provinces).

 

1. Public participation process on the Criminal Procedure Amendment Bill [B12B - 2021] (National Assembly – sec 75)

 

The Select Committee on Security and Justice invited stakeholders and interested persons to make written submissions and published the advert on Parliament’s electronic platforms from 14 October to 12 November 2021 and in national and provincial newspapers from 28 October 2021. The deadline for written submissions was set for 12 November 2021.

 

1. Summary of Submissions:

 

The Committee received 55 written submissions and the Department responded to all of the submissions received. The Department’s response is available on request.

 

The Committee received 55 written submissions from the following individuals and organisations:

1. The South African National Editor’s Forum (SANEF) from Adv Ben Winks instructed by Willem de Klerk attorneys;
2. Media Monitoring Africa (MMA); and
3. 53 Individual submissions were received via Dear South Africa.

Of the 53 individual submissions, 6 individuals indicated their support for the Bill, 36 individuals did not support the Bill and 11 did not fully support the Bill. 

 

1. Committee consideration of the Criminal Procedure Amendment Bill [B12B - 2021] (National Assembly – sec 75)

 

The Select Committee received a briefing on the Bill on 10 November 2021. On 17 November 2021, the Select Committee received a further briefing from the Department of Justice and Constitutional Development on the written submissions and the Department’s response to said submissions.

 

Members were satisfied with the Department’s response to the written submissions and on 17 November 2021 the Select Committee considered the Bill and adopted the report on the matter.

 

1. Consensus on the Bill

 

The Chairperson put the Bill for consideration: The Bill was supported by the majority of members. There were no objections or abstentions.

 

1. Recommendation

 

The Select Committee on Security and Justice, having considered the Criminal Procedure Amendment Bill [B12B - 2021] (National Assembly – sec 75), referred to it on 10 September 2021 and classified by the JTM as a section 75 Bill, recommends the Council pass the Bill without proposed amendments.  

 

Report to be considered.