ATC231129: Report of the Select Committee on Security and Justice on the Judicial Matters Amendment Bill [B7B-2023] (National Assembly – sec 75), dated 29 November 2023

NCOP Security and Justice

 

Report of the Select Committee on Security and Justice on the Judicial Matters Amendment Bill [B7B-2023] (National Assembly – sec 75), dated 29 November 2023.

 

The Select Committee on Security and Justice, having deliberated on and considered the subject of the Judicial Matters Amendment Bill [B7B-2023] (National Assembly – sec 75), referred to it on 19 September 2023, reports that it has agreed to the Bill without proposed amendments and reports as follows:

 

1. Background

The Judicial Matters Amendment Bill [B7B-2023] (National Assembly – sec 75) seeks to:

• Provides for amendments to 19 different Acts administered by the Department of Justice and Constitutional Development. The “proposed amendments are intended to address practical and technical issues of a non-contentious nature”.
• The Bill also proposes the repeal of the common law crime of defamation.
• The Bill also seeks to decriminalise admission of guilt fines issued during the Covid-19 hard lockdown in terms of the Disaster Management Act 57 of 2002, during which thousands of ordinary citizens were fined for various transgressions of the Covid-19 Regulations issued in terms of this Act.
• Other noteworthy amendments include the amendment of the:
• (a) Matrimonial Properties Act, 1984 to ensure that the regimes of all existing customary law marriages are now regarded as being in community of property; and
• (b)(i) Intestate Succession Act, 1987 and (ii) Maintenance of Surviving Spouses Act, 1990 to include a partner in a permanent life partnership in which the partners have undertaken reciprocal duties of support under the definition of a spouse, for the purposes of inheritance and maintenance, respectively.

 

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

2. Public participation process and summary of submissions on the Judicial Matters Amendment Bill [B7B-2023] (National Assembly – sec 75)

 

The Select Committee on Security and Justice invited stakeholders and interested persons to make written submissions and advertised on electronic platforms and newspapers from 3 November 2023. The deadline for submissions was 17 November 2023.

 

• The Committee received 1 submission from 1 individual.
  
  3. Committee consideration of the Judicial Matters Amendment Bill [B7B-2023] (National Assembly – sec 75)

 

The Select Committee received a briefing on the Judicial Matters Amendment Bill [B7B-2023] (National Assembly – sec 75) on 18 October 2023 and thereafter advertised the Bill for written comment. On 22 November 2023, the Select Committee received a briefing from the Department on the written submission received on the Bill.

 

On 29 November 2023 the Committee considered and adopted the Bill. The Committee also considered and adopted the Committee report on the Bill.

 

4. Consensus on the Bill

 

On 29 November 2023 the Committee considered the Bill.

1. Mrs. MB Bartlett moved and Mr. TSC Dodovu seconded the adoption of the Bill without proposed amendments. There was no objection or abstentions.

 

5. Recommendation

 

The Select Committee on Security and Justice, having considered the Judicial Matters Amendment Bill [B7B-2023] (National Assembly – sec 75), referred to it on 19 September 2023 and classified by the JTM as a section 75 Bill, recommends the Council pass the Bill without proposed amendments.  

 

Report to be considered.