ATC240424: Report of the Select Committee on Security and Justice on its Activities Undertaken During the 6th Parliament (May 2019 – April 2024)

NCOP Security and Justice

REPORT OF THE SELECT COMMITTEE ON SECURITY AND JUSTICE ON ITS ACTIVITIES UNDERTAKEN DURING THE 6^TH PARLIAMENT (MAY 2019 – APRIL 2024)

OVERVIEW OF THE WORK UNDERTAKEN BY THE COMMITTEE DURING THE 6^TH PARLIAMENT

Reflection on the work of the Committee

The Select Committee on Security and Justice derives its mandate from the Constitution of the Republic of South Africa, Joint Rules of Parliament and the Rules of the National Council of Provinces (NCOP). It oversees the Departments of Correctional Services, Police and the Independent Police Investigative Directorate, Justice and Constitutional Development, Defence and Military Veterans, and their respective entities. In the 6^th parliament, the Departments of Home Affairs and International Relations has been added to the Departments overseen by the Committee. The Committee also interacts with civil society and stakeholders of the respective departments. As part of Parliament’s mandate, the Committee has the following key responsibilities: to pass legislation, scrutinise and oversee executive action, facilitate public participation and involvement in the legislative and other processes, to participate in, promote and oversee co-operative government and to engage in, participate in, and oversee international relations.

In fulfilling these responsibilities during the 6^th parliament, the Committee processed 32 pieces of legislation, 10 international agreements and 1 petition. In addition to this, the Committee processed various regulations and fulfilled its statutory functions in respect of processing Magistrates Commission reports, Firearms Amnesty and increases to the salaries of Magistrates and Judges. The Committee also attended to the removal of Advocates Jiba and Mrwebi and attended to appointments made in respect of papers referred to the Committee. The Committee conducted 8 oversight interventions either physically, virtually or via joint meetings with other committees in parliament. Oversight was further done via budget hearings on an annual basis with various Departments overseen by the Committee, and the Departments were required to respond to the recommendations made by the Committee. Public Participation was always encouraged, and sufficient time was given to commentators to make written submissions to parliament during both the Section 75 and Section 76 processing of Bills. If the Bill was either of a technical nature or was of great interest to the public, the Committee hosted public hearings. The Committee often received many submissions on the Bills before the Committee and these submissions were responded to by the relevant Department responsible for the Bill. The Committee was unable to undertake a study tour as planned to Brazil or Ghana.

The main objective of the Select Committee on Security and Justice for each year of the 6^th parliament was on processing legislation. The Committee also focussed it’s oversight activities on the Border Management Authority, the Department of Military Veterans, the Rural Safety Strategy, gender-based violence (GBV) and abuse, crimes against women and children, a professional, capable and well-resourced police service and strong community police partnerships.

In this regard the Committee conducted oversight over the implementation of the Border Management Authority, the Department of Military Veterans roll out of housing benefits, intersectoral implementation of recommendations related to GBV matters as well as specific oversight on Police stations and Community Police Fora. The COVID-19 pandemic redirected much of government’s focus with the Committee realigning its oversight to accommodate these matters jointly with other portfolios in the NA. The Committee proactively included oversight over the government’s response to the civil unrest during the period 9-18 July 2021. The Committee further identified the attempted prison break and fire by offenders at the uMzinto Correctional Centre in KwaZulu-Natal for inspection, that utilised the civil unrests to put strain on the system as a means to escape and the Committee reflected on the lessons learnt by the Department of Correctional Services (DCS) in this regard.

During the 6^th parliament, the Select Committee on Security and Justice was confronted with huge amounts of legislation, often with Constitutional Court deadlines and/or legislation that was considered urgent to process in terms of National Government Priorities. During this parliament, the Committee was challenged by the Covid-19 lockdown and then further with the fire which impacted meeting rooms and office space at parliament. These events did not however deter the Committee from operating at full capacity in respect of processing legislation, conducting appropriate public participation and undertaking the necessary oversight activities. Most of these activities were undertaken virtually, with some being undertaken in person.

Due to the large volume of legislation, the Committee embarked on some joint meetings with other relevant committees to ensure that its oversight activities were fulfilled. Further, during this period, the President had highlighted the importance of the National Action Plan against Gender Based Violence and the Committee passed three important Bills to enhance the fight against Gender Based Violence. The President also emphasised the need to fight state capture and particularly to adhere to the recommendations made in the Zondo Commission report. To facilitate this, the Committee, during its budget hearings, posed the necessary questions to the Departments to ensure that state capture was being addressed and that corruption was being rooted out. During the 6th parliament, the Select Committees were required to publish budget reports, which allowed the Committee to more thoroughly and strategically make recommendations to the Departments and the Departments were required to provide their responses to the recommendations made.

During the processing of legislation, the Committee often consulted with the parliamentary legal advisors, particularly in respect of Bills with Constitutional Court deadlines and Bills that were considered urgent, in particular Bills related to the Elections. In respect of public participation, the Committee extended consultation periods, particularly in respect of section 76 legislation and put checks and balances in place to ensure that effective and meaningful participation was taking place within Provinces. During the processing of the POCDATARA Bill, the Committee had to find a unique way of engaging effectively with the public whilst still meeting the deadline to ensure that South Africa was not grey listed. The Committee therefore hosted public hearings as well as an information sharing session on the Bill to facilitate the processing of the Bill. The Committee often worked under extreme pressure to process various pieces of legislation simultaneously, without compromising on ensuring effective public participation.

The Committee also ensured that it provided oversight over legislation that it had passed and, in this regard, attended a joint meeting with the Portfolio Committee on Home Affairs to oversee the implementation of the Border Management Authority Bill. This methodology was also followed during oversight visits as well as during budget hearings.

The Committee noted that the processes in the National Assembly should be more cognisant of the fact that the Select Committee requires sufficient time to process legislation, particularly when a Bill has a Constitutional Court Deadline. To this end, during the processing of the Electoral Amendment Bill in 2022, the Select Committee and the Portfolio Committee met jointly to work on a plan for both Committees to process the legislation timeously, however due to delays in the tabling of the Bill by the Department, the Select Committee was still placed under extreme pressure to process the Bill urgently. Committee members have raised their concerns in this regard with the relevant Departments. Despite these challenges, the Committee was always able to meet the necessary deadlines on the Bills before it.

Annual Reflection on the Work of the Committee

Committee Highlights from 2019 to the end of 2020

The Committee passed 11 pieces of legislation. Two pieces of legislation required revival by the House as these pieces of legislation were not completed in the 5^th parliament. These were the Border Management Authority Bill and the Civil Union Amendment Bill, both of which were revived on the 17 October 2019 and processed by the Committee during the 6^th parliament. The Border Management Authority Bill was a key piece of legislation passed by the Committee, as it allowed for the dissolution of the fragmented approach to the management of borders, to be replaced with a more streamlined approach which will serve to ensure that border management is addressed in a more efficient manner. The Committee also undertook statutory functions and dealt with Firearms amnesty, salary increases of magistrates and judges as well as passed Regulations for Judicial Officers in the Lower Courts, 1993. In respect of the Firearms Amnesty, with the inception of the Firearms Control Act, 2000 (Act 60 of 2000) (“the Act”) in 2003, it promised an effective way of firearm control, administered by the South African Police Service (SAPS). The Central Firearm Register (CFR) was established to process and monitor firearm ownership through applications and renewals. Section 139(1) provides that the Minister of Police may, by notice in the Gazette declare an amnesty if the amnesty may result in the reduction of the number of illegally possessed firearms in South Africa and if it is in the public interest to do so. Section 139(2) of the Firearms Control Act, 2000 (Act No 60 of 2000), also provides that such amnesty will only be valid if it is approved by Parliament. In terms of Section 138 of the Firearm Control Act, “amnesty” means an indemnity against prosecution for the unlawful possession of a firearm and ammunition. Firearms amnesty is therefore a very important process as it has the potential to decrease the number of illegal firearms in South Africa and thereby reduce violent crime. The Committee approved 5 international agreements.

The Committee attended to the non- restoration to office of Advocates Jiba and Mrwebi and allowed all parties to be given a fair hearing before the Committee arrived at its final decision which was to not restore the Advocates to office at the National Prosecuting Authority. On 10 July 2019, at a joint meeting of the PC Justice and the SC Security and Justice, the Committees decided against considering the matters jointly but agreed that each would write to Adv. Jiba and Adv. Mrwebi inviting them to submit written representations to each Committee. This invitation was sent to each of them on 23 July 2019. On 26 July 2019, Adv. Mrwebi submitted his representations to the Committee, supplementing these with further submissions on 29 July 2019. Although Adv. Jiba received the invitation to make representations to the Committee, she submitted no representations. The Committee decided to write to Adv. Jiba to invite her once again to make written representations to the Committee by 7 November 2019. However, on 7 November 2019, Parliament received a letter from Adv. Jiba informing Parliament that she no longer wished to participate in the process due to personal reasons. After due consideration of all the information before it, the Committee recommended that: The National Council of Provinces resolve not to restore Adv. Nomgcobo Jiba to office of Deputy National Director of Prosecutions and Adv. Lawrence Sithembiso Mrwebi to office of Special Director of Public Prosecutions. This was the first time that the Select Committee had to attend to a matter of this nature, and it was therefore a key learning experience and should set precedent for the incoming Committee dealing with similar matters of this nature during the 7^th parliament.

During this period, the Committee undertook 4 Oversight interventions. TDuring these processes of the Committee, the Committee would receive a briefing from the Magistrates Commission on the various reports, either in respect of progress on matters they are currently dealing with and or reports on provisional suspension from office of magistrates or in respect of the actual suspension of the Magistrates from office. The Committee would duly ask the relevant questions pertaining to the reports being presented by the Commission. In all these matters the Committee agreed with the recommendation presented by the Commission to the Committee. During this period the Committee processed 10 provisional suspensions of Magistrates, 1 confirmation of a suspension/removal of a magistrate and 1 Suspension/ Removal of a Magistrate. Most of the suspensions related to either misconduct of magistrates or ill health, but mostly in respect of various incidents of misconduct. In all meetings in respect of the Magistrates Commission, the Committee emphasised that magistrates as judicial officers of courts, should have the highest ethical standards and their behaviour should be above reproach as this will serve to instil the confidence of the public in our courts of law.

In 2020, the Committee was required to produce budget reports on an annual basis. The Committee therefore considered the budgets and annual performance plans of various departments focussing mainly on SAPS, CSPS and IPID. In the following years, the Department of Justice, the Department of Home Affairs and the Department of Correctional Services were added to the reports adopted and published by the Committee. The budget hearings took a lot of time and allowed members to conduct in depth oversight over the budgets and plans of the Departments. The Budget hearings culminated in debates in the National Council of Provinces.

Committee Highlights 2021

The Committee processed 6 pieces of legislation as well as one International Agreement, The African Charter. Amongst the legislation passed was the Electoral Laws Amendment Bill and the three GBV Bills (The Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill, the Criminal and Related Matters Amendment Bill, and the Domestic Violence Act Amendment Bill). The Committee attended to one Magistrate’s Commission report for the removal from office of Magistrate Van Schalkwyk. The Committee also processed the salary increases for Magistrates and Judges. The Committee approved the Draft Amended Regulations tabled in terms of section 23(2) of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014). During this period, the three GBV Bills were prioritised in line with the National Action Plan against Gender Based Violence and much time was spent on ensuring that these Bills were amended appropriately. The Committee completed 3 oversight interventions during this period.

Committee Highlights 2022

The Committee passed 4 pieces of legislation and 4 International Agreements. Most of the Committee’s time was taken up by attending to urgent legislation including the Electoral Amendment Bill which had a Constitutional Court deadline and the POCDATARA legislation which was urgent due to the possibility of South Africa being grey listed. In respect of the POCDATARA Bill the Committee engaged with stakeholders and experts to understand the pertinent issues. The Committee also attended to its statutory functions in terms of the increase in salaries of magistrates and judges. The Committee undertook 1 joint oversight visit with the Select Committee on Cooperative Governance and Traditional Affairs to the Free State Province. The oversight visit included a follow up to the meeting with the Department of Military Veterans to oversee the condition of houses distributed to Military Veterans.

Committee Highlights 2023

Due to 2023 being the year prior to the 2024 elections, the Committee’s key focus was on processing legislation, particularly urgent legislation. No oversight visits or International Study Tours were undertaken during this year. The Committee passed 6 pieces of legislation and 2 sets of Regulations. Key legislation that was passed included the Prevention and Combating of Hate Crimes and Hate Speech Bill, the Correctional Services Amendment Bill and the Land Court Bill. The Regulations that were passed were the Draft Regulations (Elections), for approval, in terms of section 94(1) and the Draft Regulations (Community Service), for approval, submitted in terms of section 94(3) of the Legal Practice Act, 2014 (Act No. 28 of 2014). The Committee also dealt with the following referrals to the Committee: Amendments to the Practical Guidelines for Employees, submitted in terms of section 10(4)(b) of the Protected Disclosures Act, 2000 (Act No 26 of 2000), the Appointment of persons to the National Council for Correctional Services (NCCS) in terms of Section 83(2)(h) of the Correctional Services Act 111 of 1998, follow up on the Taking Parliament to the People report with the Department of Police and the Department of Home Affairs as well as a petition that was referred to the Committee. Much of the Committee’s time was taken up processing the Land Court Bill as well as hosting public hearings and engaging with stakeholders on the Prevention and Combating of Hate Crimes and Hate Speech Bill. The Committee did not attend to any oversight activities during this period, largely due to the processing of important legislation which took up most of the Committee’s time. The Raseale Petition was a highlight for the Committee because, due to the Committee’s intervention, the family was able to bury the mortal remains of their son and find closure.

Committee Work 2024

The Committee received various pieces of legislation that either had Constitutional Court deadlines or were considered urgent in respect of the upcoming elections which required the Committee to process before the 6^th parliament rises. There were 5 pieces of legislation which the Committee had to complete by April 2024. The most urgent piece of legislation was the Electoral Matters Amendment Bill which the Committee had begun jointly with the Portfolio Committee on Home Affairs in respect of processing the submissions received on the Bill as well as receiving briefings on those submissions from the relevant Departments and legal advisors. This Bill is particularly important given the upcoming National and Provincial elections taking place on the 29 May 2024. The Committee processed 7 reports from the Magistrates Commission, including 4 suspension / removal from office, 2 provisional suspensions, 1 upliftment of a provisional suspension as well as progress reports on 3 provisionally suspended magistrates.

Conclusion

The Committee has met all its legislative and statutory obligations timeously, particularly considering the pressures related to Constitutional Court deadlines and urgent Bills. A key highlight of this parliament was the passing of legislation that will facilitate access to justice for all persons living in South Africa as well as being able to assist the petitioner to bury her son after many years of the family not having closure. Even though most of the Committee’s work was done virtually, the Committee continuously met its deadlines and succeeded in passing important legislation. The only outstanding matter is that the Committee was unable to undertake an international study tour during the 6^th parliament, which was largely due to Covid restrictions and the legislative workload of the Committee.

Committee’s focus areas during the 6^th Parliament

Gender Based Violence and abuse.
Overseeing the distribution of benefits for Military Veterans.
The overall challenges and obstacles encountered by the Departments in the Criminal Justice Sector related to the COVID-19 response.
Challenges related to the SAPS response to civil unrest in KZN from 9-18 July 2021.

Prosecution of corruption cases as identified by the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State.
Overseeing the implementation of legislation passed eg Border Management Authority Bill.
The Committee further engaged with the challenges in respect of the Magistrates Commission.
The Committee engaged with the Department of International Relations on International and Bilateral agreements as well as twinning agreements of Provinces.

Key areas for future work

The Committee should continue its oversight over the implementation of legislation in the 7^th parliament, as many important bills were passed during the 6^th parliament. A key focus should be on the implementation of the GBV Bills.
The Committee should engage jointly with other relevant committees on the implementation of the Zondo Commission report findings and State Capture.
Given that the Border Management Authority is still in the process of implementation, oversight of borders and the implementation of this legislation should also be prioritised.
The Committee should oversee Child Justice Centres and Thuthuzela Centres as this oversight activity forms part of the National Action Plan against Gender Based Violence.
Another key area of oversight is to meet with the Department of Public Works in respect of the infrastructural challenges within the various Departments in the Criminal Justice Sector.
Further engagement with the Department of International Relations on International agreements including twinning agreements of Provinces, is further recommended.
Oversight over the Magistrates Commission to ensure speedier resolution of disciplinary matters.

Key challenges emerging

The Committee experienced a few challenges with the processing of legislation. The limited timeframes for processing of legislation, with some pieces of legislation having Constitutional Court Deadlines passing to the committee for concurrence a few months before the deadline and in one instance an international financial obligation related to the POCDATARA Bill requiring the Committee, and by extension the NCOP, to condense their processes to pass the legislation. The Committee however followed due process in terms of public consultation in respect of processing the legislation.
The Committee noted an influx of individual submissions from Dear South Africa (a civil society organisation) which did not reflect substantive comments on the Bills processed by the Committee. It was recommended that the matter of how these submissions are made to parliament be addressed so as to ensure that substantive comments are made on Bills as opposed to individuals merely indicating whether they support, do not support or do not fully support a Bill. The Committee had written to Dear SA, during its public participation process on the Land Court Bill which garnered thousands of responses from the Dear SA platform, requesting a summary of the submissions and data analysis of the trends emanating from the submissions. Dear SA, at the time of writing this, had not responded to the request.
At the beginning of the sixth term of Parliament, the Committee was restructured, and the Departments of Home Affairs and International Relations were added to the work of the Committee. However, the capacity of the Committee support team was not strengthened. This raised challenges in optimising the work of the Committee and the provision of support to Members of the Committee concerning oversight and legislation in respect of Home Affairs and International Relations.
Certain oversight visits were not undertaken due to the Covid 19 restrictions, and the volume of legislation being processed by the Committee.

Recommendations

The NA should implement plans and timeframes for processing bills timeously, particularly those with Constitutional Deadlines, to ensure that the NCOP has sufficient time to process legislation in respect of both section 75 and section 76 Bills.
The Committee should endeavour to clarify the public participation process with Dear SA to ensure that individual petitions are not sent to the Committee and instead one submission reflecting the main comments are sent to the Committee.
The Committee should prioritise more oversight and find an effective balance between the volume of legislation before the Committee and the Committee’s function of conducting oversight in Provinces.
Oversight should be prioritised over Child Justice and Thuthuzela Centres as well as a meeting with the Department of Public Works in respect of the challenges in relation to infrastructure within the Criminal Justice Sector.
Oversight should be conducted over the Magistrates Commission.
Further engagement should be undertaken with the Department of International Relations on International, Bilateral and Twinning agreements of Provinces.
Given the high volume of legislation as well as the number of Departments the Committee oversees, additional Committee Support should be allocated to the Select Committee in respect of the additional departments, namely, The Department of Home Affairs and International Relations to optimise the work of the Committee.
The Committee should prioritise a study tour in the 7^th parliament as this has not taken place in the 6^th parliament. The study tour will enhance the knowledge base of members within the Committee around specific focus areas of the Committee.

FUNCTIONS OF THE COMMITTEE:

Parliamentary committees are mandated to:

Monitor the financial and non-financial performance of government departments and their entities to ensure that national objectives are met.
Process and pass legislation.
Facilitate public participation in Parliament relating to issues of oversight and legislation.
Ensure that provincial interests are taken into account in the national sphere of government.
Provide a national forum for the public consideration of issues affecting the provinces.

CONSTITUTIONAL MANDATE OF THE SELECT COMMITTEE ON SECURITY AND JUSTICE

The Select Committee on Security and Constitutional Development (“the Select Committee”) is a multi-party committee consisting of 13 permanent members from all nine provinces. Ms Shahidabibi Shaikh (Limpopo, MP) chairs the Committee. Members of the Select Committee also share membership with the Select Committee on Co-operative Governance and Traditional Affairs; and the Select Committee on Petitions and Executive Undertaking. Support staff included two Committee Secretaries, a Content Adviser, a Committee Researcher, a Committee Assistant and an Executive Secretary to the Chairperson.

The Select Committee oversees the Departments of Justice and Constitutional Development, Department of Correctional Services, Department of Defence and Military Veterans, Department of Police and the Independent Police Investigative Directorate, and their entities. It also interacts with civil society and stakeholders of the respective departments reporting to it. It derives its mandate from the Constitution, the Joint Rules of Parliament and the Rules of the National Council of Provinces (NCOP) and must exercise its oversight function over the above departments in accordance with the Rules of Parliament and the powers given to the National Council of Provinces and its Committees in terms of Chapter 4 of the Constitution.

The Committee’s role and responsibilities are also informed by the broader strategic objectives and strategic priorities of the NCOP contained in the draft Strategic Framework Plan, which is aligned with the Medium-Term Strategic Framework of Government. In addition, Government’s priorities as spelt out in the State of the Nation Address and the National Development Plan also impacts on Committee priorities. The Committee also adopted its own strategic plan which has been aligned with the NCOP’s Strategic Framework Plan.

PURPOSE OF THE REPORT

The report aims to:

Review the work of the Committee in Parliament by measuring its performance in respect of the Bills passed, over the period of review (May 2019 to April 2024).
The report will be a useful tool for the Committee in re-establishing its mandate during the seventh Parliament in 2024.
The report will enable the Committee to assist with its strategic plan for the next five years.
Provide a record of the activity of the Committee and participation by the Members during its term.
The report will consider the Committee’s progress, performance and participation in the House.
It summarises the key issues for follow-up and concludes with recommendations to strengthen operational and procedural processes to enhance the committee’s oversight and legislative roles in future.

DEPARTMENTS AND ENTITIES OVER WHICH THE COMMITTEE EXERCISES OVERSIGHT

10.1DEPARTMENT OF CORRECTIONAL SERVICES (DCS)

In the 5^th parliament, the Ministries of Justice and Correctional Services were merged into one Department. The Department of Correctional Services works towards effective and humane incarceration of inmates, rehabilitation and social reintegration of offenders.

Name of Entity	Role of Entity
Judicial Inspectorate for Correctional Services	The Judicial Inspectorate of prisons is an independent office under the control of the Inspecting Judge. The object of the Judicial Inspectorate is to facilitate the inspection of prisons in order that the Inspecting Judge may report on the treatment of prisoners in prisons and on conditions in prisons.

10.2DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

To administer an efficient and responsive justice system.

National Prosecuting Authority provides a co-ordinated prosecuting service that protects certain witnesses and removes the profit from crime. (The Asset Forfeiture Unit is not a separate entity but a sub-programme of the NPA.)

Name of Entity	Role of Entity
Legal Aid South Africa	The Legal Aid Board has been created as an independent body outside of government in terms of the Legal Aid Act to ensure the separation between the prosecuting arm of government and the defence of those requiring state funded legal assistance.
Special Investigating Unit (SIU)	The SIU’s principal function is to investigate serious malpractices, maladministration and corruption in connection with the administration of state institutions, state assets and public money, as well as any conduct, which may seriously harm the interests of the public.

10.3DEPARTMENT OF DEFENCE AND MILITARY VETERANS

South African Navy: The core business of the SA Navy is fighting at sea, and its aim is to provide prepared and supported maritime defence capabilities for the defence and protection of South Africa.

South African Air Force: The core business of the SA South African Air Force is fighting in the air, and its aim is to provide prepared and supported air defence capabilities for the defence and protection of South Africa.

South African Defence Force (Army):

Department of Military Veterans: Responsible for the overall management and administration of military veteran’s affairs, including, but not limited to developing policy, legislation, programmes, benefits and services that facilitate the transition from active service to civilian life.

Secretariat of Defence: Responsible for ensuring robust and healthy civil-military relations. It advises the Minister on all aspects relating to defence policy, programmes and budgets, performs the financial accounting function within the Department of Defence, and takes responsibility for interdepartmental and parliamentary liaison on behalf of the Department.

Name of Entity	Role of Entity
The Armaments Corporation of South Africa Ltd (Armscor)	Armscor is the officially appointed acquisition organisation for the South African Department of Defence and with the approval of the SA Minister of Defence, also renders a professional acquisition service to other government departments and public entities.
The Castle Control Board	The Castle Control Board is a service orientated public entity, striving to optimise its tourism potential and accessibility to the public.

10.4DEPARTMENT OF POLICE

The Department of Police serves to: prevent, combat and investigate crime, maintain public order, protect and secure inhabitants of South Africa and to uphold and enforce the law.

Civilian Secretariat for the Police Services: The Civilian Secretariat's mandate includes:

providing the Minister with policy advice and research support;

developing departmental policy through qualitative and evidence-based research;
providing civilian oversight of the Police Service through monitoring and evaluating overall police performance;
mobilising role-players, stakeholders and partners outside the department through engagements on crime prevention and other policing matters; and
providing other support services to the Minister in pursuit of achieving his/her mandate

Independent Police Investigative Directorate (IPID: The IPID’s mandate will investigate more serious and priority crimes committed by members of SAPS and the Metro Police, in particular, the discharge of a police firearm; rape by a police officer; rape while in police custody; torture or assault; and corruption and systemic corruption. The IPID also aims to improve reporting and accountability practises in the directorate; establish a formal liaison capacity between the IPID and the Civilian Secretariat of Police; and enforce compliance by SAPS of recommendations made in respect of SAPS members.

Name of Entity	Role of Entity
Private Security Industry Regulatory Authority (PSIRA)	Regulator of Private Security in South Africa

10.5DEPARTMENT OF HOME AFFAIRS

During the 6^th parliament the Departments of Home Affairs and International Relations were added to the portfolio of the Committee.

The mandate of the Department of Home Affairs is derived from the Constitution and various acts of Parliament and policy documents. The DHA’s service are provided into two broad categories: civic services and immigration services.

The primary mandate of the DHA is to secure and manage identity and international migration through the delivery of enabling services to all citizens, foreign nationals, government and the private sector.

ENTITIES FUNDED BY DHA

Electoral Commission - created by the Constitution of the Republic of South Africa to manage free and fair elections at all levels of government.
Government Printing Works - its mandated to print security documents (such as passports and smart ID cards) and general printing services for the Department of Home Affairs and other government departments.

10.6DEPARTMENT OF INTERNATIONAL RELATIONS

The Department’s overall mandate is to work for the realisation of South Africa’s foreign policy objectives.

Chapter 3, Article 41, of the Constitution of the Republic of South Africa (RSA) on co-operative government and intergovernmental relations inter alia states that all spheres of government should “preserve the peace, national unity and the indivisibility of the Republic”.

The Department of International Relations and Cooperation (DIRCO) promotes and advances international relations and cooperation of the RSA by presenting the country in an effective, coherent and comprehensive manner abroad. The Department is furthermore responsible for conducting and coordinating international relations and cooperation at bilateral, regional and multilateral levels through its network of missions abroad and through interaction with foreign representatives in the Republic in accordance with the foreign policy of the RSA.

KEY STATISTICS

The table below provides an overview of the number of meetings held, legislation and international agreements processed and the number of oversight trips and study tours undertaken by the committee, as well as any statutory appointments the committee made, during the 6^th Parliament:

Activity	2019	2020	2021	2022	2023	2024	Total
Meetings held	22	36	25	29	27	12	151
Legislation processed	6	4	6	5	6	5	32
Budget Reports Adopted		3 – SAPS, CSPS, IPID	4 – SAPS, CSPS, IPID, DHA	5 – SAPS, CSPS, IPID, DHA, DOJ	6 – SAPS, CSPS, IPID, DOJ, DHA, DCS		18
Oversight Intervention and trips undertaken	4	0	3	1	0	0	8
Study tours undertaken	0	0	0	0	0	0	0
International agreements processed	0	5	1	4	0	0	10
Statutory appointments made	0	0	0	0	NCCS	0	1
Petitions	0	0	0	0	1	0	1
Magistrates Commission reports	1	7	1	0	0	9	18
Judges and Magistrates Remuneration	0	2	2	2	2	0	8

BRIEFINGS AND/OR PUBLIC HEARINGS

During the processing of legislation, the Committee always advertised Bills widely on all platforms and in all languages and gave commentators sufficient time to comment on legislation before the Committee. The Committee hosted public hearings only on Bills of a technical nature or those that attracted much public interest.

LEGISLATION

The following pieces of legislation were referred to the committee and processed during the 6^th Parliament:

Bill	Objective	ATC Referral date	Public Participation dates	Consideration date.	Adoption date	Publication date of report in the ATC	Consideration date by the House
Independent Police Investigative Directorate Amendment Bill [B 25 – 2018] (National Assembly – Section 75)	Independent Police Investigative Directorate Amendment Bill before the Committee deals with the amendment of Section 6 of the Bill which stipulates the process of the removal of the Executive Director of the Independent Police Investigative Directorate (IPID). The PC on Police initiated the Committee Bill in order to give effect to the Constitutional Court judgment in McBride v Minister of Police and Another, which directed Parliament to enact legislation to remedy the Constitutional defects regarding the process for the removal of the Executive Director of the IPID by 5 September 2018 – adopted without amendments in line with Constitutional Court decision. Broader review of IPID would take place at a later stage. No amendments were made to this bill.	4 September 2018 & 31 October 2019	5th Parliament Select Committee on Security and Justice advertised the Bill in print media and on electronic platforms of Parliament on 26 October 2018 with a deadline of 16 November 2018.	Briefing on the Bill on 11 September 2019. Parliamentary Legal Adviser briefed Comm on 6 November 2019.	20 November 2019	20 November 2019	26 November 2019
Traditional Courts Bill [B 1B - 2017] (National Assembly – Section 76).	The Bill seeks to provide a uniform legislative framework for the structure and functioning of traditional courts, in line with constitutional imperatives and values; and to provide for matters connected therewith. The Bill deals with cultural matters, indigenous law and traditional leadership which are all functional areas of concurrent national and provincial legislative competence listed in Part A of Schedule 4 to the Constitution.	12 March 2019 & 31 October 2019	17 October 2019	09 October 2019, Dept briefing to Committee. Provincial public hearings. Permanent Delegates briefed provinces between October – November 2019. 1 November 2019 – 13 December 2019: Provincial Legislature Public Participation process. 5 November Chair of Council granted extension until 24 January 2020. On 31 January 2020 the Chair of Council granted further extension until 19 February 2020.	21 October 2020 Committee considered 9 Negotiating Mandates. 3 November 2020 C-List adoption. 18 November 2020, 9 Final Mandates considered and D-Bill adopted. 25 November 2020, report adopted.	25 November 2020	2 December 2020
Hydrographic Bill [B 17B – 2018] (National Assembly – sec 75).	The Hydrographic Bill’s primary objective is to: Establish the Hydrographic Office, provide for the safety of navigation in the - exclusive economic zone and internal waters of the Republic, ensure that hydrographic surveying is done in accordance with the requirements of internationally accepted specifications and standards, provide for the appointment of the Hydrographer, and provide for the powers and duties of the Hydrographer. The Bill was adopted without amendments.	30 October 2018 & 31 October 2019	17 October 2019	3 February 2019 with a deadline for written submissions of 1 March 2019.	27 November 2019	27 November 2019	6 Dec 2019
Border Management Authority Bill [B 9B - 2016] (National Assembly – sec 75).	The Border Management Authority Bill seeks to provide for: the establishment, organisation, regulation, functions and control of the Border Management Authority (BMA); the appointment, terms of office, conditions of service and functions of the Commissioner and Deputy Commissioners; the appointment and terms and conditions of employment of officials; to provide for the duties, functions and powers of officers; the establishment of an Inter-Ministerial Consultative Committee, Border Technical Committee and advisory committees; amongst others.	8 June 2017 (SC Social Services) & 31 October 2019	17 October 2019	15 September 2017 with a deadline for written submissions of 27 October 2017.	27 November 2019	27 November 2019	3 December 2019
Civil Union Amendment Bill [B 11B – 2018] (National Assembly – sec 75).	The Civil Union Act, 2006 (Act No. 17 of 2006) (‘‘the Act’’), was enacted as a result of the Constitutional Court decision in Minister of Home Affairs v Fourie 2006 1 SA 542 (CC). The Constitutional Court ruled that it was unconstitutional for the State to provide the benefits of marriage to opposite-sex couples whilst denying them to same-sex couples. This infringed the right to equality before the law and the right not to be discriminated against by the State on grounds of sexual orientation. The Committee received hundreds of comments on this Bill and there were many petitions received on this Bill. The purpose of the Bill is to repeal section 6 of the Act, which allows a marriage officer to inform the Minister that he or she objects on the ground of conscience, religion, and belief to solemnising a civil union between persons of the same sex.	17 October 2019	17 October 2019	5 November 2019 with a deadline for written submissions of 29 November 2019. Extended to December 2019.	8 October 2020 18 October 2020 18 May 2020 4 June 2020 11 June 2020	11 June 2020	1 July 2020
Child Justice Amend Bill [B 32B-2018] (National Assembly– sec 75).	The Child Justice Amendment Bill’s primary objective is to amend the Child Justice Act, 2008 (Act No. 75 of 2008), in order to: increase the minimum age of criminal capacity of a child, to remove the requirement to prove criminal capacity for purposes of diversion and preliminary inquiries and to provide for consequential amendments. Bill adopted without amendments	27 November 2018 & 31 October 2019	17 October 2019	3 February 2019 with a deadline for written submissions of 1 March 2019.	20 November 2019	20 November 2019	26 November 2019
Cybercrimes Bill [B 6B-2017] (National Assembly– sec 75).	The Cybercrimes Bill [B 6B – 2017] seeks, amongst other matters, to: create offences which have a bearing on cybercrime; criminalise the distribution of data messages which are harmful and to provide for interim protection orders; further regulate jurisdiction in respect of cybercrimes; further regulate the powers to investigate cybercrimes; further regulate aspects relating to mutual assistance in respect of the investigation of cybercrime; provide for the establishment of a designated Point of Contact; further provide for the proof of certain facts by affidavit; impose obligations to report cybercrimes; provide for capacity building; and provide that the Executive may enter into agreements with foreign States to promote measures aimed at the detection, prevention, mitigation and investigation of cybercrimes amongst other matters.	27 November 2018 & 31 October 2019 in Order Paper	17 October 2019	3 February 2019 with a deadline for written submissions of 8 March 2019.	8&9 October 2029 Hearings: 12&13 November 2019 5 February 2020 11 March 2020 10 June 2020 11 June 2020	11 June 2020	1 July 2020
Promotion of Access to Information Amendment Bill [B 20-2019] (National Assembly– sec 75).	The Promotion of Access to Information Bill arose from a Constitutional Court judgement in: My Vote Counts NPC v Minister of Justice and Correctional Services and Another (“the MVC case”). Parliament must amend PAIA and take any other measure it deems appropriate to provide for the recordal, preservation and facilitation of reasonable access to information on the private funding of political parties and independent candidates within a period of 18 months (22 December 2019). The Bill was adopted without amendments.	6 November 2019	Request for written submissions advertised 8 November 2019 with a deadline for 22 November 2019.	Briefing by Department of Justice and Constitutional Development on 6 November 2019 and on 27 November 2019 on the written submissions received.	27 November 2019	29 November 2019	3 December 2019
Judicial Matters Amendment Bill [B 13B - 2019] (National Assembly – sec 75).	The Judicial Matters Amendment Bill seeks to: Amend the Divorce Act, 1979 (Act No. 70 of 1979) and the National Prosecuting Act, 1998 (Act No. 32 of 1998) with the intention to address practical and technical issues. Clause 1 of the Bill amends section 7 of the Divorce Act, 1979 (Act No. 70 of 1979) to remedy where the court declared section 7(3) of the Divorce Act, 1979, constitutionally invalid. Clause 2 of the Bill amends section 12 of the National Prosecuting Act, 1998 (Act No. 32 of 1998), which deals with the term of office of the National Director of Public Prosecutions and Deputy National Directors of Public Prosecutions. Bill adopted without amendments.	18 March 2020	Request for written submissions advertised in print media on 17 June 2020, on electronic platforms on 8 June 2020 and on various radio stations from 28 June to 2 July 2020 with a deadline of 3 July 2020.	Briefing on 29 May 2020. Brief on Written subs 15 July 2020.	29 July 2020	29 July 2020	3 September 2020
Recognition of Customary Marriages Amendment Bill [B 12 - 2019] (National Assembly – sec 76)	In the matter of Ramuhovhi and Others v President of the Republic of South Africa and Others, the Constitutional Court found section 7(1) of the Recognition of Customary Marriages Act, 1998, to be inconsistent with the Constitution and invalid in that it limits the right to human dignity and discriminates unfairly against women in polygamous customary marriages entered into before the Recognition of Customary Marriages Act, 1998, commenced. The Recognition of Customary Marriages Amendment Bill, 2019 (the Bill), aims to amend the Recognition of Customary Marriages Act, 1998,(the RCMA) by further regulating the proprietary consequences of customary marriages entered into before the commencement of the RCMA in order to bring the provisions of the Act in line with the judgments of the Constitutional Court which the Court found to be constitutionally invalid because they discriminate unfairly against certain women in customary marriages.	9 June 2020	Not applicable, provinces conducted public hearings at provincial level.	23 June 2020, Department briefing to Committee. Permanent Delegates briefed the provinces on the legislation between July and September 2020. 10 November 2020, Committee considered 9 Negotiating Mandates. 18 November 2020 A-List adoption. 25 November 2020 8 Final Mandates considered and B-Bill adopted.	26 November 2020, report adopted.	26 November 2020	2 December 2020
Prescription in Civil and Criminal Matters (Sexual Offences) Amendment Bill [B 22B - 2019] (National Assembly – sec 75).	The Prescription in Civil and Criminal Matters (Sexual Offences) Amendment Bill, 2019 emanates from the 2018 and 2019 Constitutional Court judgements in the Levenstein or Frankel Eight case, which declared section 12 of the Prescription Act 68 of 1969; and section 18 of the Criminal Procedure Act 51 of 1977 (CPA), respectively, constitutionally invalid. The Committee received hundreds of submissions on this bill, including petitions. The Bill was passed without amendments.	9 June 2020	5 July with a deadline of 31 July 2020. Posted on electronic media and print media.	Briefing 23 June 2020. Brief on written submissions 26 August 2020.	2 September 2020	2 September 2020	17 September 2020
Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75).	The Bill was developed to give effect to the Constitutional Court Judgment. The Constitutional Court in its judgment dated 03 May 2019 in Oupa Chipane Phaahla v Minister of Justice and Correctional Services & Another (“Phaahla judgment”) found certain sections of the principal Act to be unconstitutional and ordered the amendment of those sections by Parliament within a period of twenty four months (24) from the date of the order; The Correctional Services Amendment Bill has therefore been developed to amend the definition of “Minister” and to give effect to a Constitutional Court Judgment by proposing to amend the following sections of the Correctional Services Act, 1998 (Act No. 111 of 1998)(“principal Act”): Section 1: Definition of Minister; Section 73(6)(a) and 73(6)(b)(iv): Minimum detention period of sentenced offenders before becoming entitled to be considered for placement on parole for offences committed after 1 October 2004; Section 136(1) and 136(3)(a): Transitional provisions regarding placement on parole of sentenced offenders for offences committed before 1 October 2004. No submissions were received on this Bill and it was adopted without amendments.	10 March 2021	11 March Parliament Social media 22 March-16 April 2021 advert in National papers	Briefing 10 March 2021 Consideration 19 April 2021	19 April 2021	19 April 2021	22 April 2021
Criminal Procedure Amendment Bill [B 12B - 2021] (National Assembly – sec 75).	The Criminal Procedure Amendment Bill [B12B - 2021] 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 Bill was adopted without amendments.	10 September 2021	Advertised: 10 October to 12 November 2021	Briefing 10 November 2021 and deliberations and consideration on 17 November 2021	17 November 2021	17 November 2021	24 November 2021
Criminal Law (Forensic Procedures) Amendment Bill [B25-2021]	The Criminal Law (Forensic Procedures) Amendment Bill [B 25 - 2021] (National Assembly – sec 75) seeks To make provision for the full implementation of certain transitional arrangements contained in the Criminal Law (Forensic Procedures) Amendment Act, 2013; To provide for the enforcement of the obligation to submit to the taking of a buccal sample; and to provide for matters connected therewith.	31 May 2022	Published the adverts on Parliament’s electronic platforms from 28 June to 15 July 2022 and in newspapers from 26 June to 15 July 2022.	Briefing 15 June 2022. Discussion of written submissions 10 August 2022. Consideration and adoption 24 August 2022.	24 August 2022	24 August 2022	1 September 2022
Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16B 2020] (National Assembly – sec 75)	In November 2018, a Presidential Summit against Gender-Based Violence and Femicide (GBVF) was held, emerging from the #TheTotalShutdown movement. The Summit resulted in a Declaration which included the following resolutions, namely to: Fast track the review of existing laws and policies on gender-based violence to be victim-centred and ensure all other relevant laws respond to GBV. Implement the recommendations that have been identified from reviews and address legislative gaps. Consider creating a regulatory framework for religious institutions to curb sexual abuses and crimes under the guises of religion. Revisit and fast track all outstanding laws and bills that relate to GBV and femicide, including the decriminalization of sex work. On 18 September 2019, the President expressed the country’s commitment to address the scourge of GBVF and announced an emergency response plan to tackle GBVF, which includes strengthening the applicable legal and policy framework.	3 June 2021	Parliament platforms: 11 June to 16 July 2021 and in newspapers from 20 June – 9 July 2021. Deadline extended: 9 July to 16 July 2021.	Briefing on 23 June 2021. On 28 July 2021 further briefing from the Department on the written submissions and the Department’s response to said submissions. 6 August 2021 Departmental briefing on proposed amendments.	11 August 2021	12 August 2021	1 September 2021
Criminal and Related Matters Amendment Bill [B 17B – 2020] (National Assembly – sec 75)	To amend— the Magistrates’ Courts Act, 1944, so as to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; the oath and competency of intermediaries; and the giving of evidence through audiovisual link in proceedings other than criminal proceedings; the Criminal Procedure Act, 1977, so as to further regulate the granting and cancellation of bail; the giving of evidence by means of closed circuit television or similar electronic media; the giving of evidence by a witness with physical, psychological or mental disability; the appointment, oath and competency of intermediaries; and the right of a complainant in a domestic related offence to participate in parole proceedings; the Criminal Law Amendment Act, 1997, so as to further regulate sentences in respect of offences that have been committed against vulnerable persons; and the Superior Courts Act, 2013, so as to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; the oath and competency of intermediaries; and the giving of evidence through audiovisual link in proceedings other than criminal proceedings, and to provide for matters connected therewith.	3 June 2021	Parliament platforms: 11 June to 16 July 2021 and in newspapers from 20 June – 9 July 2021. Deadline extended: 9 July to 16 July 2021.	Briefing on 23 June 2021. On 28 July 2021 further briefing from the Department on the written submissions and the Department’s response to said submissions. 6 August 2021 Departmental briefing on proposed amendments.	11 August 2021	12 August 2021	1 September 2021
Domestic Violence Amendment Bill [B 20B – 2020] (National Assembly – sec 75)	To amend the Domestic Violence Act, 1998 to— amend and insert certain definitions; further provide for the manner in which acts of domestic violence and matters related thereto, must be dealt with; further regulate protection orders in response to acts of domestic violence; amend provisions of certain laws; and provide for matters connected therewith.	3 June 2021	Parliament platforms: 11 June to 16 July 2021 and in newspapers from 20 June – 9 July 2021. Deadline extended: 9 July to 16 July 2021.	briefing on 23 June 2021. On 28 July 2021 further briefing from the Department on the written submissions and the Department’s response to said submissions. 6 August 2021 Departmental briefing on proposed amendments.	11 August 2021	12 August 2021	1 September 2021
Drugs and Drug Trafficking Amendment Bill [B19-2022] S75	The Drugs and Drug Trafficking Amendment Bill [B19-2022] (National Assembly – sec 75) seeks— to amend the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992) to address the constitutional invalidity of section 63 and the amendments that the Minister effected in terms of section 63, to Schedule 1 and Schedule 2.	27 September 2022	Written submission deadline 28 October 2022.	Briefing held 12 October 2022. Consideration of written submissions: 9 November 2022. Consideration and adoption 11 November 2022.	11 November 2022	11 November 2022	22 November 2022
Land Court Bill [B11B-2021] S75.	The Bill seeks to: provide for the establishment of a Land Court and appeals against decisions of the Land Court; make provision for the administration and judicial functions of the Land Court; provide for the concurrent jurisdiction of the Land Court and Magistrates’ Courts for certain land related matters; provide for mediation procedures; amend certain laws relating to the adjudication of land matters by other courts; and provide for matters connected therewith.	27 September 2022	Written submissions electronic platforms from 17 October 2022 to 11 November 2022 and in newspapers from 17 October 2022 – 11 November 2022.	Briefing held 12 October 2022. Briefing on written submissions: 15 March 2023, 22 March 2023 briefing on tagging of the Land Court Bill. 3 May 2023 briefing on proposed amendments to the Bill. 17 May 2023 considered proposed amendments and adopted the amendments Clause by Clause.	17 May 2023	17 May 2023	22 May 2023
Electoral Laws Amendment Bill [B 22B - 2020] (National Assembly – sec 75).	The main objectives of the Bill is to: enhance the existing legislative mechanisms that ensure free and fair elections, in accordance with the Constitution of the Republic of South Africa, 1996; provide legislative authorization for innovations in electoral practices in keeping with best practice to improve the Commission’s efficiency in managing elections; and align the Electoral Act with the provisions of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) regarding the protection of the personal information of voters.	3 December 2020	Advertised in all official languages in both National and Regional newspapers from 14 January to 29 January 2021.	Briefing 08 December 2020. IEC response to written submissions 17 February 2021.	24 Feb 2021	24 February 2021	2 March 2021
Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75).	The Bill was developed to give effect to the Constitutional Court Judgment. The Constitutional Court in its judgment dated 03 May 2019 in Oupa Chipane Phaahla v Minister of Justice and Correctional Services & Another (“Phaahla judgment”) found certain sections of the principal Act to be unconstitutional and ordered the amendment of those sections by Parliament within a period of twenty four months (24) from the date of the order; The Correctional Services Amendment Bill has therefore been developed to amend the definition of “Minister” and to give effect to a Constitutional Court Judgment by proposing to amend the following sections of the Correctional Services Act, 1998 (Act No. 111 of 1998)(“principal Act”): Section 1: Definition of Minister; Section 73(6)(a) and 73(6)(b)(iv): Minimum detention period of sentenced offenders before becoming entitled to be considered for placement on parole for offences committed after 1 October 2004; Section 136(1) and 136(3)(a): Transitional provisions regarding placement on parole of sentenced offenders for offences committed before 1 October 2004. No submissions were received on this Bill and it was adopted without amendments.	10 March 2021	11 March Parliament Social media 22 March-16 April 2021 advert in National papers	Briefing 10 March 2021 Consideration 19 April 2021	19 April 2021	19 April 2021	22 April 2021
Electoral Amendment Bill [B1B-2022] (National Assembly – sec 75),	On 11 June 2020, in the matter of the New Nation Movement NPC & others v. President of the Republic of South Africa & others [2020], the Constitutional Court declared the Electoral Act, 1998, to be unconstitutional to the extent that it requires that adult citizens may be elected to the National Assembly and provincial legislatures only through their membership of political parties. The New Nation Movement (NNM) challenged the constitutionality of some sections of the Electoral Act (No. 73 of 1998), in particular Section 57 A and Schedule 1A. Section 57 and Schedule 1A limits participation in National and Provincial elections to political parties through proportional representation. Put differently, as it stands, the Electoral Act (No. 73 of 1998) unjustifiably limits individuals not belonging to a political party the right to stand for public office and, if elected, hold office. This right is conferred by section 19(3)(b) of the Constitution. For this reason, the Constitutional Court ruled that Section 57 of the Electoral Act (No. 73 of 1998) is unconstitutional. This implies that provisions must be made for individuals or independent candidates to stand for elections at the National Assembly and Provincial legislatures.	20 October 2022	The Bill was advertised in 9 official languages from the 24 October to the 9 November 2022, and on 7 SABC Radio Stations calling for written submissions on the Bill. The Select Committee on Security and Justice received 24 submissions	2 November 2022 Briefing by the Department on the Bill on. 9 November 2022 briefing by the IEC on the formula for the calculation of seats. 11 November 2022, briefing by the Content Advisor on written submissions; and a briefing by the Parliamentary Legal Advisor on the tagging of the Bill. 14 November 2022 The Department responded to the written submissions on the Bill.16 November, the Committee deliberated and proposed amendments to the Bill. 21 November 2022 Senior Counsel briefed the Committee on the proposed amendments to the Bill. 23 November 2022 Deliberations. 25 November 2022, adopted the proposed amendments, clause by clause. The Committee adopted the report.	25 November 2022	25 November 2022	29 November 2022
Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill [B15B-2022] (National Assembly – sec 75).	The Bill aims to: bring the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004, in line with developments in international law, give effect to certain Constitutional Court judgments and address certain challenges in conducting investigations and prosecutions. The Bill also inserts provisions applicable to foreign terrorist fighters in the principal Act as required by the United Nations Counter-Terrorism Executive Directorate (UNCTED), to provide for (a) more severe sentences for those convicted of financing of terrorism, (b) freezing orders in relation to property and (c) the extension of the Extradition Act 67 of 1962. The Bill also seeks to clarify the public international law obligation to extradite or prosecute persons (non-residents or stateless persons) who commit serious international crimes (in respect of terrorism-related offences) where no other state has requested such extradition. The POCDATARA Bill addresses two deficiencies and is a fundamental component to avoid being grey listed and it is critical to address technical compliance deficiencies (updating of legislation) and effectiveness of systems to address the risk of money-laundering. The deficiencies relate largely to Terrorist Financing (TF), sanctions related to terrorism and TF, freezing orders and the publication of notices by the UN Security Council.	29 November 2022	30 November – 6 December 2022. Electronic platforms only. Public hearings 7 and 8 December 2022.	Deliberation 9 and 10 December 2022. Consideration and adoption 12 December 2022.	12 December 2022	12 December 2022	13 December 2022
Repeal of the Transkeian Penal Code Bill [B34-2022] (National Assembly – sec 75).	The Bill seeks to— repeal the Transkeian Penal Code, 1983; extend the application of certain laws to the area formerly known as the Republic of Transkei; provide for transitional arrangements; and provide for matters connected therewith. The South African Law Reform Commission (SALRC) reviewed the Code and recommended that it be wholly repealed and that the common-law rules, crimes and defences it abolished in the area formerly known as the Republic of Transkei, be reinstated. The Committee adopted this Bill without amendments.	28 February 2023	Advertised 1 March 2023 on Parliament Website and social media deadline 17 March 2023	Briefing 22 March 2023; Departmental briefing 19 April 2023.	3 May 2023	3 May 2023	16 May 2023
Prevention and Combating of Hate Crimes and Hate Speech Bill [B9B-2018] (National Assembly – sec 75).	The Bill seeks to: give effect to the Republic’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance, in accordance with international law obligations; provide for offences as hate crimes and the offence of hate speech and the prosecution of persons who commit those offences; provide for appropriate sentences that may be imposed on persons who commit hate crime and hate speech offences; provide for the prevention of hate crimes and hate speech; provide for the reporting on the implementation, application and administration of this Act; effect consequential amendments to certain Acts of Parliament; and to provide for matters connected therewith.	14 March 2023	Written submissions 18 April – 25 May 2023, newspapers and electronic platforms. Oral hearings 19-21 September 2023.	19 May 2023 briefing. 5 September 2023, received a briefing from the Deputy Minister on the outstanding questions raised by members on the Bill. Content Advisor briefed the Committee on the written submissions received on the Bill. The Committee took a decision to receive oral hearings. Public hearings 19-21 September 2023. On 11 October 2023 Department response to the public written and oral hearing submissions. 1 November 2023 proposed amendments considered.	8 November 2023	8 November 2023	15 November 2023
Correctional Services Amendment Bill [B14-2023]	On 04 December 2020, in Sonke, the CC handed down judgment in an application for confirmation of a declaration of constitutional invalidity of sections 88A(1)(b), 88A(4) and 91 of the Correctional Services Act, 1998 (Act No.111 of 1998) by the High Court of South Africa, Western Cape Division, Cape Town (“High Court”); This bill had a Constitutional Court deadline of 3 December 2023. The Bill was adopted without amendments.	19 September 2023	Written submissions Deadline 10 November 2023	Briefing: 11 October 2023 Department written submissions 15 November 2023 Adoption 22 November 2023	22 November 2023	22 November 2023	29 November 2023
Judicial Matters Amendment Bill [B7B-2023]	The Bill 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 was adopted without amendments.	19 September 2023	Written submissions Deadline 17 November 2023	Briefing: 11 October 2023 Department written submissions 22 November 2023.	29 November 2023	29 November 2023	6 December 2023
Divorce Amendment Bill [B22-2023] (National Assembly – sec 75).	On 28 June 2022, the Constitutional Court handed down a landmark judgment: Women’s Legal Centre Trust v President of the Republic of South Africa and Others [2022] ZACC 23 (WLCT). The Court recognised the need for and the importance of protecting Muslim women and children of Muslim marriages on dissolution of a Muslim marriage. The Constitutional Court held that the Divorce Act was unconstitutional to the extent that it failed to recognise Muslim marriages which have not been registered as civil marriages, as valid marriages. The Constitutional Court held that the Divorce Act was inconsistent with sections 9, 10, 28(2) and 34 of the Constitution. Sections 6, 7(3) and 9(1) of the Divorce Act were specifically declared to be unconstitutional. The Bill must come into force by 28 June 2024. The Bill was adopted without amendments.	14 November 2023	Written submissions Advertised electronic platform 14 Nov – 5 December 2023	Briefing 15 Nov 2023. Briefing on submissions 25 January 2024. Consideration 14 February 2024.	14 February 2024	14 February 2024	27 February 2024
Regulation of Interception of Communications and Provision of Communication-Related Information Amendment Bill [B28B-2023] (National Assembly – sec 75).	The Bill seeks to: provide for the establishment of a Land Court and appeals against decisions of the Land Court; make provision for the administration and judicial functions of the Land Court; provide for the concurrent jurisdiction of the Land Court and Magistrates’ Courts for certain land related matters; provide for mediation procedures; amend certain laws relating to the adjudication of land matters by other courts; and provide for matters connected therewith. To insert certain definitions; to provide for the designation of an independent designated judge; to provide for the designation of an independent review judge; to provide for the powers and functions of the review judge; to provide for the tenure of designated and review judges; to provide for adequate safeguards where the subject of surveillance is a journalist or practising lawyer; to provide for post-surveillance notification; to provide for adequate safeguards to address the fact that interception directions are sought and obtained ex parte; to provide for adequate procedures to ensure that data obtained pursuant to the interception of communications is managed lawfully and not used or interfered with unlawfully; to provide for procedures to be followed for processing, examining, copying, sharing, disclosing, sorting through, using, storing or destroying of any data; to provide for principles for the safeguarding of data when dealing with the management of data; and to provide for matters connected therewith	14 November 2023	Written submissions Advertised electronic platform 14 Nov – 28 Nov 2023	Briefing 15 Nov 2023. 29 November 2023 Department response to public submissions	30 November 2023	30 November 2023	6 December 2023
Cannabis for Private Purposes Bill [B19B-2020] (National Assembly – sec 75).	The Bill creates a new legal framework to govern cannabis for private use by adults and alternative means to deal with children and cannabis use, in line with the Constitution, 1996 and the Constitutional Court judgements handed down in Prince and the Centre for Child Law in 2018 and 2022, respectively.	14 November 2023	Electronic and published newspapers for written submissions in all nine provinces.	Brief 15 Nov 2023. 25 January 2024, 21 February 2024. Consideration 23 February 2024.	23 February 2024	23 February 2024	27 February 2024
Independent Police Investigative Directorate Amendment Bill [B21B– 2023] (National Assembly – sec 75)	The process of effecting amendments to the Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011) (‘‘principal Act’’), commenced in 2016 immediately after the Constitutional Court judgment of McBride v Minister of Police and Another* (‘‘McBride judgment’’).In the McBride judgment the Constitutional Court agreed with the applicant and declared section6(3)(a) and 6(6) of the IPID Act invalid to the extent that they authorised the Minister of Police to unilaterally suspend, take any disciplinary steps pursuant to suspension, or remove from office the Executive Director of the Independent Police Investigative Directorate (‘‘IPID’’) without Parliamentary oversight. Parliament was given 24 months to rectify the Constitutional defect. Consequently, a draft Bill which sought to cure this defect in the Act was submitted to Parliament, and as a result the Independent Police Investigative Directorate Amendment Act, 2019 (‘‘Amendment Act’’) was signed into law by the President on 26 May 2020. The aforesaid Amendment Act provides for Parliamentary oversight in respect of the suspension, discipline or removal of the Executive Director, as directed by the Constitutional Court in the McBride judgment. After the enactment of the Amendment Act, the process of effecting comprehensive amendments to the principal Act commenced. A revised version of the Bill, the Independent Police Investigative Directorate Amendment Bill, 2023 (“IPID Amendment Bill”), was approved by Cabinet on 24 May 2023 for introduction in Parliament. The Bill seeks to entrench the institutional and operational independence of IPID, as well as to make it expressly clear that IPID must be independent, impartial and must exercise its powers and functions without fear, favour or prejudice.	5 December 2023	Written submissions 8 Dec 2023 – 19 February 2024	14 February 2024 briefing by Department. 21 February 2024 Briefing on submissions by Department.	13 March 2024	13 March 2024	19 March 2024
National Prosecuting Authority Amendment Bill [B29B–2023] (National Assembly – sec 75).	In his 2023 State of the Nation Address (SONA), President Ramaphosa stated that the Investigating Directorate (ID) would be made a permanent feature of South Africa’s anti-corruption law enforcement efforts and would also ensure the effective implementation of the recommendations of the State Capture Commission. The Minister of Justice and Correctional Services subsequently tabled the National Prosecuting Authority Amendment Bill, 2023 (“NPA Amendment Bill”) in Parliament on 29 August 2023. The purpose of the NPA Amendment Bill is to amend the National Prosecuting Authority Act 32 of 1998, to establish the Investigating Directorate against Corruption (IDAC) as a permanent entity within the Office of the National Director of Public Prosecutions (NDPP). The Bill also provides for the appointment and powers of investigators, and their remuneration and conditions of service.	5 December 2023	Written submissions advertised 8 December 2023 - deadline 26 January 2024	21 February 2023 briefing by Department on Bill and submissions. 28 February 2024 deliberation.	6 March 2024	6 March 2024	13 March 2024
Electoral Matters Amendment Bill [B 42B – 2023] (National Assembly – sec 75).	To amend the Political Party Funding Act, 2018, so as to provide for the regulation of the private and public funding of independent candidates and independent representatives and matters incidental thereto; to amend the title, long title and preamble; to insert and substitute definitions; to amend the names of the Funds; to preclude the Electoral Commission from accepting donations to the Multi-Party and Independents Democracy Fund which it has reason to believe is the proceeds of crime; to empower the Commission to invest money in the Funds in any bank registered in terms of the Banks Act, 1990; to proscribe the attachment of money in the Funds by certain persons; to provide for the right of political parties, independent candidates and independent representatives to refuse donations; to repeal section 10; to amend the provisions relating to the accounting obligations of represented and unrepresented political parties; to provide for independent representatives and independent candidates to account for income; to provide for the offence of making a donation to a political party, a member of a political party, an independent candidate or an independent representative in the expectation that the party, member, candidate or representative will influence the award of benefits or relaxation of conditions; to provide for the offence of making a donation to a member of a political party to circumvent the provisions of Chapter 3; to provide for offences by a member of a political party of accepting a donation to circumvent the provisions of Chapter 3 or appropriating the donation for themselves; to amend the powers of the President to make regulations on certain matters; to amend Schedule 2 in respect of the formula for the allocation of money in the Funds on a proportional and equitable basis, in respect of the upper limit of donations and the disclosure limit for donations; and to amend the Electoral Act, 1998, the Electoral Commission Act, 1996, the Electronic Communications Act, 2005 and the Financial Management of Parliament and Provincial Legislatures Act, 2009 so as to make consequential amendments resulting from the introduction of independent candidates to contest elections of the National Assembly and provincial legislatures.	12 March 2024 referred for concurrence.	Joint process of conferral. National Assembly on 7 December 2023 referred the Electoral Matters Amendment Bill [B42 – 2023] to the Portfolio Committee on Home Affairs. The Select Committee and the Portfolio consulted the Parliamentary Legal Services on the joint processing of the Bill and conferral process. jointly advertised on 14 December 2023 in print media, Parliament website, social media and radio, closing date for public comments: 26 January 2024. Further requested Provincial legislature responses, 2 received and no objections to the Bill received.	Joint public hearing: 6 Feb 2024. Department response to comments: 9 February 2024. Brief by Content Advisor and legal: 13 March 2024. Deliberation 15 March and 19 March 2024. Consideration 20 March 2024	20 March 2024	20 March 2024	26 March 2024

CHALLENGES EMERGING FROM LEGISLATION

Challenges emerging

The following challenges emerged during the processing of legislation:

Lengthy processes at the NA with legislation and pressure on SC Committee to complete legislation quickly.
Legislation with Constitutional Court Deadlines.
Compressed timeframes to process legislation.

Issues for follow-up

It is recommended that the 7^th Parliament should follow up on the concerns that arose:

Proper planning should be undertaken during the NA processing of legislation to ensure that it considers the time required by the Select Committee to process legislation, particularly in respect of legislation with Constitutional Court deadlines.
The 7^th parliament should consider utilising the precedent of joint planning and procedure developed between the SC Security and the PC Home Affairs Committee processing the ELA Bill 2023 and the EMA Bill 2024. Joint planning between the NA and NCOP Committees would ensure a seamless process for ensuring that Bills are processed timeously.

OVERSIGHT TRIPS UNDERTAKEN

The following oversight trips were undertaken:

OVERSIGHT ACTIVITIES
28 August 2019	Joint Oversight Visit to the Cape Flats by the Portfolio Committees on Police, Defence and Military Veterans, Joint Standing Committee on Defence and the Select Committee on Security and Justice	The objective of the visit was to ascertain and assess the efficacy of the deployment of the SANDF in supporting the South African Police Services (SAPS) operations fighting gang violence. Key recommendation: There is a need for quick dispensing of justice against perpetrators of violence against the community and we require a strong will and co-operation. If this is not done, the intervention will only be short term in nature and make no impact to communities that require a long-term solution.
22-25 October 2019	Oversight visits to Thohoyandou Police Station; Beitbridge Port of Entry, Musina; Limpopo High Court	The objectives of the oversight were to meet the Committees Annual Performance objective of investigating public safety on a provincial basis. This includes an oversight visit to police stations on the roll out of the rural safety strategy and to interrogate crime prevention strategies. Thohoyandou Police Station Key Recommendation: The South African Police Service should consider prioritising the resources and capacitation at the Thohoyandou Police Station with the necessary police officers given that in 2022 more officers would retire. Beitbridge Border Crossing The Select Committee conducted the oversight visit to Beitbridge in anticipation of the tabling of the Border Management Authority Bill [B9B-2016] (S75) that seeks to provide for the establishment, organisation, regulation, functions and control of the Border Management Authority. Recommendations: There is a need to increase the number of Defence Force members at the ports of entry in order that they may fulfil their constitutional mandate; The Departments (Department of Home Affairs, South African Revenue Service, South African Police Service, Department of Defence, Department of Agriculture, Fisheries and Forestry, and Department of Health) providing border law enforcement at the port of entry should consider employing more officials as the current staffing complement was insufficient. New High Court Polokwane: Members of the committee wanted to ascertain the progress and challenges within the criminal justice system as well as infrastructural challenges. Recommendations The NPA should consider employing more staff members. In terms of the Department of Justice It should engage the municipalities in the areas to address the water challenges at courts. Mechanisms should be sought to curb the postponement of cases; It should engage with SAPs in order to develop a strategy to ensure that safety concerns are adequately addressed; Appropriate interpretation services should be available to foreign nationals, to avoid the postponement of these cases.
3 December 2019	South African Navy Hydrographic Office (HO), Tokai	The objective was to understand hydography in light of the Select Committee’s consideration of the Hydrographic Bill [B17B-2018] (National Assembly – sec 75). The Committee conducted an oversight visit to the hydrographic office in Cape Town to ensure that it understood the subject matter of the Bill. The Committee visited the Hydrographic Office on 3 December 2019. The Committee noted that Egypt and SA are the only fully functional Hydrographic Offices in Africa. Navigational Area 7, over which SA is responsible for accurate information and communication with maritime users, is one of the largest areas to survey and maintain operational competence. The Hydrographic Office is serviced by the SAS Protea, which is a 47-year-old vessel that will be replaced in 2021/22. The Hydrographer serves on numerous committees and sub committees including the Southern African and Islands Hydrographic Commission (SAIHC). The budget cuts in the SA Navy prevents the Hydrographer from attending meetings both nationally and internationally and this impacts negatively on our contribution to the regional and international developments in this area. The Hydrographic Office is also the only training facility in the country and in Africa to train personnel in the fields required and is aiming to expand this to include youth development programmes
Oversight Activities: Unrest in Kwazulu-Natal	Oversight visit undertaken in terms of mitigating the impact of the COVID-19 pandemic and the recent public violence, looting and destruction of property with a particular focus on the KwaZulu-Natal region and oversight visit to the uMzinto Correctional Centre in KwaZulu-Natal Province on 19 August 2021.The Select Committee on Security and Justice conducted an oversight week under the Council theme of “Mitigating the impact of the COVID-19 pandemic and the recent public violence, looting and destruction of property” during the civil unrest over the period 9-18 July 2021. The Committee, in collaboration with the Select Committee on Cooperative Governance and Traditional Affairs, focused its attention on the KwaZulu-Natal Province.	The Committee identified the events emanating from the civil unrest such as arrests, progress with investigations, prosecutions as managed by the National Prosecuting Authority (NPA), and police discipline during the unrest as areas requiring a progress report. The Committee further identified the attempted prison break and fire by offenders at the uMzinto Correctional Centre in KwaZulu-Natal for inspection that utilised the civil unrests strain on the system as a means to escape and the lessons learnt by the Department of Correctional Services (DCS). The Committee requested an update on each Departments’ response to the Covid-19 pandemic and its effect on their operations.
Oversight: 15-19 August 2022	Joint Oversight to Free State on the roll out of Housing benefits to Military Veterans. Oversight to Park Road Police Station	Department of Military Veterans The Free State Department of Human Settlements, and the Department of Defence and Military Veterans, should engage the construction company that has built the Military Veterans houses, for it to rectify the major structural defects. Park Road Police Station The Department of Public Works should engage the contractor in terms of prioritising the building of detention facility cells as the issue was depleting the fuel budget of the station, and the festive season was around the corner. Generator capacity at the station should be dealt with as a matter of urgency before the end of the calendar year. The management of Park Road Police Station should provide members of the Community Policing Forum with training to be able to service community members and assist SAPS in fighting crime.
Oversight Meeting with the Department of Military Veterans	During the Strategic Planning session of the NCOP, it was agreed that the SC Security and Justice together with the SC Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements Committee would embark on a joint oversight programme in respect of military veterans. The Committee’s follow up and engagement with the DMV was to gain a better understanding of the progress they have made in the distribution of houses, the illegal occupation of houses meant for military veterans and how this will be addressed, while looking broadly at the distribution of all benefits, provincially. The primary aim of the Committee was to understand the provincial challenges encountered by the Department in the distribution of benefits to military veterans with a view to collectively addressing these challenges and proposing a way forward.	The Committee noted many shortcomings in the presentation and expressed their concern that the country’s military veterans were not properly taken care of. Members noted that most veterans die as paupers while the government has an established Department to care for them. The Committee indicated that a review of the structure, budget and strategic plans of the Department was necessary. Members noted that they know many military veterans who struggle to access information in provinces because of the poor footprint and expenses incurred to travel to other provinces to access information. The Department highlighted challenges with the distribution of houses, the database and education support.
Joint meeting on the implementation of the Border Management Authority Act	The Border Management Authority Act (No.2 of 2020) came into effect on 1 January 2021. Since then, President Ramaphosa has appointed Dr Nakampe Masiapato as the Commissioner and Major General David Chilembe as the Deputy Commissioner of the BMA with effect from 2 November 2021. Accordingly, the BMA Commissioner and Deputy Commissioner have begun the challenging task of operationalising the BMA.	Agreed that the multi-agency approach has been ineffective hence integrated approach is required. Resignations: Those entering the BMA, must have positive security clearance, if they don’t pass, they will remain in the current department and there is no way that anyone will be forced to exit the environment. Plans for managing traffic congestion: They have started engaging with colleagues in the freight industry led by the Minister of Home affairs to speak to truck drivers and are engaging with colleagues with managing traffic on the roads. The Department is using joint technical teams to synchronise operational dynamics. Electronic means of collecting money is being used instead of cash at border posts.
Joint Meeting with PC Justice	Systemic issues confronting Magistrates Commission	The Committees expressed their strong dissatisfaction with the length of time it took to complete the disciplinary process while magistrates were receiving their full benefits. Parliament needs to reflect on the annual reporting of the Magistrates Commission including setting targets to hold the Commission accountable for monies spent. Included in these discussions would be the competency of magistrates, annual training, regular access by magistrates to updated law reports and knowledge and application of the law. The use of retired judges as a peer review panel should also be considered and may need to be discussed broadly with the Chief Justice and Judge President. The Magistrate’s Commission has aging infrastructure and there is slow progress with ICT upgrades. The Committee should have an interaction with the Chairperson of the Commission to focus on mechanisms aimed at improving risk management, vetting of candidates, case load management and improving the disciplinary process, amongst other matters. Improvements to the Magistrates Commission may require amendments to the current legislative framework.

STUDY TOURS UNDERTAKEN – no study tours were undertaken although the Committee had agreed to visit Brazil. The Committee had further agreed to conduct a joint international trip with the SC COGTA and SC Petitions Committee. This unfortunately proved difficult for the host countries to accommodate. The Committee partnered with the PC on Home Affairs to conduct a joint study tour of Brazil with a specific focus on the electronic voting implemented by Brazil. The approval process was unsuccessful and was subsequently postponed.

INTERNATIONAL AGREEMENTS

The following international agreements were processed and reported on:

Date referred	Name of International Agreement	Consideration date	Status of Report	Consideration date by the House
24 October 2019	(a) Ratification of the Agreement between the Republic of India, the Federative Republic of Brazil and the Republic of South Africa on the IBSA Fund for the Alleviation of Poverty and Hunger, tabled in terms of section 231(2) of the Constitution, 1996. (b) Explanatory Memorandum to the Ratification of the Agreement between the Republic of India, the Federative Republic of Brazil and the Republic of South Africa on the IBSA Fund for the Alleviation of Poverty and Hunger.	7 September 2022	Adopted 21 September 2022	27 October 2022
30 Jan 2020	The Minister of Justice and Correctional Services (a) Treaty between the Government of the Republic of South Africa and the Government of the Republic of Bangladesh on Extradition, tabled in terms of section 231(2) of the Constitution, 1996. (b) Explanatory Memorandum to the Treaty between the Government of the Republic of South Africa and the Government of the Republic of Bangladesh on Extradition. (c) Treaty between the Government of the Republic of South Africa and the Government of the Republic of Bangladesh on Mutual Legal Assistance in Criminal Matters, tabled in terms of section 231(2) of the Constitution, 1996. (d) Explanatory Memorandum to the Treaty between the Government of the Republic of South Africa and the Government of the Republic of Bangladesh on Mutual Legal Assistance in Criminal Matters.	11 March 2020	ATC 17 March 2020	2 June 2020
10 March 2020	(a) Treaty between the Government of the Republic of South Africa and the Government of the United Mexican States on Mutual Legal Assistance in Criminal Matters, tabled in terms of section 231(2) of the Constitution, 1996. (b) Treaty between the Government of the Republic of South Africa and the Government of the United Mexican States on Extradition, tabled in terms of section 231(2) of the Constitution, 1996. Explanatory Memorandum to the Treaties between the Government of the Republic of South Africa and the Government of the United Mexican States on Mutual Legal Assistance in Criminal Matters and Extradition.	27 May 2020 29 May 2020	ATC 1 June 2020	1 July 2020
29 June 2020	(a) Treaty of Amity and Cooperation (TAC) in South East Asia, tabled in terms of section 231(2) of the Constitution, 1996. (b) Explanatory Memorandum to the Treaty of Amity and Cooperation (TAC) in South East Asia.	29 July 2020	ATC 29 July 2020	17 September 2020
2 December 2020	African Charter on Statistics, tabled in terms of section 231(2) of the Constitution of the Republic of South Africa, 1996. Explanatory Memorandum to the African Charter on Statistics	8 December 2021	ATC 8 Dec 2021	14 December 2021
15 April 2021	(a) The International Convention on the Suppression and Punishment of the Crime of Apartheid: Adopted by the General Assembly of the United Nations on 30 November 1973, tabled in terms of section 231(2) of the Constitution, 1996. (b) Explanatory Memorandum to The International Convention on the Suppression and Punishment of the Crime of Apartheid: Adopted by the General Assembly of the United Nations on 30 November 1973.	21 September 2022	Adopted 12 October 2022. ATC 13 October 2022	9 November 2022
Referred 26 April 2022	Protocol to the Constitutive Act of the African Union Relating to the Pan-African Parliament of 2014, tabled in terms of section 231(2) of the Constitution, 1996. (b) Explanatory Memorandum to the Protocol to the Constitutive Act of the African Union Relating to the Pan-African Parliament of 2014.	7 September 2022	Adopted 21 September 2022	27 October 2022
Referred 17 August 2022	The following paper is referred to the Select Committee on Security and Justice for consideration and report: (a) International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), tabled in terms of section 231(2) of the Constitution, 1996. (b) Explanatory Memorandum International to the Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).	21 September 2022	Adopted 12 October 2022. ATC 13 October 2022	9 November 2022

OBLIGATIONS CONFERRED ON COMMITTEE BY LEGISLATION

Title of the Paper	ATC Referral date	Consideration date.	Adoption date	Publication date of report in the ATC	Consideration date by the House
Committee deliberation on whether or not the restoration to his or her office of the National Director or Deputy National Director so removed, is recommended in terms of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998). Advocate Nomgcobo Jiba and Advocate Lawrence Sithembiso Mrwebi were removed by the President from their positions in the National Prosecuting Authority in terms of section 12(6) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998).	28 Jun 2019	Met: 10, 19 July, 20 August, 29 October 2019,	27 Nov 2019	27 Nov 2019	3 Dec 2020
Annual Performance Plan of Independent Police Investigative Directorate (“IPID”) for 2019/2020.	15 July 2019	17 July 2019	31 July 2019	31 July 2019	30 July 2019
The following papers are referred to the Select Committee on Security and Justice for consideration and report: (a) Progress report dated 12 March 2019 and 13 August 2019 on the provisional suspension from office of Ms J F van Schalkwyk, Chief Magistrate at Kempton Park, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).	31 July 2019 and 30 August 2019	Briefing: 4 September 2019	6 November 2019	6 November 2019	13 November 2019
(b) Progress report dated 12 March 2019 and 13 August 2019, on the provisional suspension from office of Mr M D Hinxa, the Chief Magistrate, Bloemfontein, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).	31 July 2019 and 30 August 2019	Briefing: 4 September 2019	6 November 2019	6 November 2019	13 November 2019
(c) Progress report dated 12 March 2019 and 13 August 2019, on the provisional suspension from office of Mr E S Nzimande, Regional Court President, Kwazulu-Natal, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).	31 July 2019 and 30 August 2019	Briefing: 4 September 2019	6 November 2019	6 November 2019	13 November 2019
(d) Progress report dated 12 March 2019 and 13 August 2019 on the provisional suspension from office of Ms L B Freeman, Senior Magistrate, Mossel Bay, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).	31 July 2019 and 30 August 2019	Briefing: 4 September 2019	6 November 2019	6 November 2019	13 November 2019
Declaration of amnesty in terms of section 139(2)(a) of the Firearms Control Act, 2000 (Act No. 60 of 2000).	29 August 2019	Briefing 11 September 2019.	30 October 2019	7 November 2019	13 November 2019
Report on the Suspension/Removal from office of Ms I Meyburgh, an Additional Magistrate at Johannesburg, in terms of section 13(4)(b) of the Magistrates Act, 1993 (No 90 of 1993).	28 November 2019	13 March 2020	13 March 2020	17 March 2020	2 June 2020
Government Notice No R. 1692 published in Government Gazette No 42916 dated 20 December 2019: Regulations for Judicial Officers in the Lower Courts, 1993: Amendment, made under section 16 of the Magistrates Act, 1993 (Act No 90 of 1993).	25 February 2020	11 June 2020	11 June 2020	12 June	1 July 2020
Report dated 24 February 2020 on the provisional suspension from office of Mr D Nair, Chief Magistrate, Pretoria, in terms of section 13(3)(b) of the Magistrates Act, 1993 (No 90 of 1993).	3 March 2020	13 March 2020	13 March 2020	17 March 2020.	2 June 2020
Draft notice and schedule determining the rate, with effect from 1 April 2019, at which salaries, allowances and benefits are payable to magistrates annually, for approval by Parliament in terms of section 12(3) of the Magistrates Act, 1993 (Act No 90 of 1993).	4 March 2020	11 March 2020	11 March 2020	11 March 2020	12 March 2020
(a) Draft notice determining the rate, with effect from 1 April 2019, at which salaries, allowances and benefits are payable to Constitutional Court judges and judges annually, for approval by Parliament in terms of section 2(4) of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001). (b) Draft notice determining the rate, with effect from 1 April 2019, at which salaries, allowances and benefits are payable to magistrates annually, for approval by Parliament in terms of section 12(3) of the Magistrates Act, 1993 (Act No 90 of 1993).	10 March 2020.	11 March 2020	11 March 2020	11 March 2020	12 March 2020
(e) Progress report dated 31 January 2020, on the provisional suspension from office of Mr M D Hinxa, the Chief Magistrate, Bloemfontein, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993). (f) Progress report dated 31 January 2020 on the provisional suspension from office of Ms J F van Schalkwyk, Chief Magistrate at Kempton Park, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993). (g) Progress report dated 31 January 2020, on the provisional suspension from office of Mr E S Nzimande, Regional Court President, Kwazulu-Natal, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).	26 May 2020	25 June 2020	25 June 2020	26 June 2020	17 September 2020
Report dated 09 May 2020, on the provisional suspension from office of Mr L T Mkansi, a Regional Magistrate, Bloemfontein, in terms of section 13(3)(b) of the Magistrates Act, 1993 (No 90 of 1993).	26 May 2020	27 May 2020	29 May 2020	1 June 2020	1 July 2020
Report dated 25 May 2020, on the confirmation of suspension/removal from office of Ms L B Freeman, a Senior Magistrate, Mossel Bay, in terms of section 13(4)(b) of the Magistrates Act, 1993 (No 90 of 1993).	3 June 2020	17 June 2020	25 June 2020	26 June 2020	1 July 2020
Notice of submission for approval of a further Declaration of Amnesty in terms of the Section 139 of Firearms Control Act No. 60 of 2000 Referred to the Select Committee on Security and Justice for consideration and report.	5 June 2020	3 June 2020	11 June 2020	17 June 2020	1 July 2020
Report dated 21 July 2020, on the provisional suspension from office of Ms K Bodlani, an acting Regional Magistrate at Umlazi, KwaZulu-Natal, in terms of section 13(3)(b) of the Magistrates Act, 1993 (No 90 of 1993).	23 July 2020	26 August 2020	2 September 2020	2 September 2020	17 September 2020
Draft Amended Regulations tabled in terms of section 23(2) of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014).	2 February 2021	10 March 2021	26 May 2021	26 May 2021	23 June 2021
Draft Notice determining the rate, with effect from 1 April 2020, at which salaries and allowances are payable to Constitutional Court judges and judges annually, for approval by Parliament in terms of section 2(4) of the Judges Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001). Draft Notice determining the rate, with effect from 1 April 2020, at which salaries and allowances are payable to Magistrates annually, for approval by Parliament in terms of section 12(3) of the Magistrates Act, 1993 (Act No. 90 of 1993).	29 April 2021	Briefing 26 May 2021	2 June 2021	2 June 2021	8 June 2021
Report dated 27 July 2021, for the removal from office of Ms J F van Schalkwyk, Chief Magistrate, Sub-Cluster Head, Kempton Park, Johannesburg in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).	18 August 2021	Briefing 8 September 2021 Consideration 15 September	15 September 2021	10 November 2021	24 November 2021
Amendments to Regulations for approval, in terms of section 97(2) of the Child Justice Act, 2008 (Act No 75 of 2008).	25 March 2022	Brief on 20 April 2022.	Report drafted 25 April 2022	25 May 2022	9 June 2022
(a) Draft notice and Schedule determining the rate, with effect from 1 April 2021, at which salaries, allowances and benefits are payable to Constitutional Court judges and judges annually, for approval by Parliament in terms of section 2(4) of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001).	27 May 2022	15 June 2022	15 June 2022	15 June 2022	21 June 2022
(b) Draft notice and Schedule determining the rate, with effect from 1 April 2021, at which salaries, allowances and benefits are payable to Magistrates annually, for approval by Parliament in terms of section 12(3) of the Magistrates Act, 1993 (Act No. 90 of 1993) (the Act).	27 May 2022	15 June 2022	15 June 2022	15 June 2022	21 June 2022
Draft Regulations for approval, in terms of section 94(1) of the Legal Practice Act, 2014 (Act No 28 of 2014). 94(3) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be approved by Parliament.	29 August 2022	Briefing 3 May 2023. Consideration 10 May 2023	10 May 2023	10 May 2023
The following paper is referred to the Portfolio Committee Justice and Correctional Services for consideration and report: (a) Draft Regulations for approval, submitted in terms of section 94(3) of the Legal Practice Act, 2014 (Act No 28 of 2014).	28 November 2022 tabled.	Briefing 3 May 2023. 10 May 2023	10 May 2023	10 May 2023
The following papers are referred to the Select Committee on Security and Justice for consideration and report: (a) Draft notice and schedule determining the rate, with effect from 1 April 2022, at which salaries, allowances and benefits are payable to magistrates annually, for approval by Parliament in terms of section 12(1) of the Magistrates Act, 1993 (Act No 90 of 1993). (b) Draft notice and schedule determining the rate, with effect from 1 April 2022, at which salaries, allowances and benefits are payable to Constitutional Court judges and other judges annually, for approval by Parliament in terms of section 2(4) of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001).	6 July 2023	5 September 2023	5 September 2023	5 September 2023	7 September 2023
Taking Parliament to the People: UGU Report for SAPS and Home Affairs.	4 August 2023	Briefing on 22 November 2023	29 November 2023	29 November 2023	27 February 2024
Amendments to the Practical Guidelines for Employees, submitted in terms of section 10(4)(b) of the Protected Disclosures Act, 2000 (Act No 26 of 2000).	20 September 2023	Briefing 25 October 2023	1 November 2023	1 November 2023	9 November 2023
A petition has been received from Ms Mary Mabore Raseale of Mathibestad Village, in Ward 24 of Bojanala District Municipality, North West Province. The petition is calling for the intervention of the National Council of Provinces on the disappearance of her son.	19 October 2023	Briefing 27 November 2023.	6 December 2023.	6 December 2023	26 March 2024
Report dated 23 November 2023, on the suspension from office of Mr H C Raath, Additional Magistrate, Oberholzer, in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No. 90 of 1993).	28 November 2023 tabled, 8 February 2024 referred.	Briefing 17 April 2024. Consideration 24 April 2024.	24 April 2024.	24 April 2024.
(a) Report on the suspension/removal from office of Mr K Maharaj, Additional Magistrate at Caledon on account of continued ill-health, in terms of section 13(4)(b) of the Magistrates Act, 1993 (No 90 of 1993).	30 January 2024 tabled, 8 February 2024 referred	Briefing 17 April 2024. Consideration 24 April 2024.	24 April 2024.	24 April 2024.
(b) Report on the upliftment of the provisional suspension from office of Ms K Bodlani, Regional Magistrate at Umlazi, KwaZulu-Natal, in terms of section 13(3)(g)(i) of the Magistrates Act, 1993 (No 90 of 1993).	30 January 2024 tabled, 1 Feb 2024 referred.	Briefing 17 April 2024. Consideration 24 April 2024.	24 April 2024.	24 April 2024.
Progress reports: Mr D Nair, Chief Magistrate Pretoria; Mr ES Nzimande, Regional Court President, KZN; Ms K Bodlani, Regional Magistrate, Emlazi; Mr LT Mkansi, Regional Magistrate, Bloemfontein.	Not tabled yet	Briefing 17 April 2024. Consideration 24 April 2024.	24 April 2024.	24 April 2024.
Report dated 02 February 2024, on the confirmation of suspension/removal from office on the grounds of misconduct of Mr M D Hinxa, Chief Magistrate, Bloemfontein, in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No.90 of 1993).	Tabled 8 February 2024 26 February referred.	Briefing 17 April 2024. Consideration 24 April 2024.	24 April 2024.	24 April 2024.
(a) Report on the provisional suspension from office of Ms R Govender, a District Court Magistrate at Lenyenye, Limpopo, in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act No. 90 of 1993).	Tabled 8 February 2024 26 February referred.	Briefing 17 April 2024. Consideration 24 April 2024.	24 April 2024.	24 April 2024.
(b) Report on the provisional suspension from office of Mr AAK Singh, a Senior Magistrate at Pietermaritzburg, in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act No. 90 of 1993).	18 April 2024	Briefing 17 April 2024. Consideration 24 April 2024.	24 April 2024.	24 April 2024.
Report on the suspension/removal from office on account of continued ill-health of Ms N B Dyeyi, Magistrate, Fauresmith, Free State in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No. 90 of 1993).	16 April 2024	Briefing 17 April 2024. Consideration 24 April 2024.	24 April 2024.	24 April 2024.

MAGISTRATES COMMISSION DISCIPLINARY MATTERS

Challenges emerging

The Select Committee expressed its strong dissatisfaction with the length of time it took to complete the disciplinary process while magistrates were receiving their full benefits. In terms of Section 13(3)(f) of the Magistrates Act, Act No 90 of 1993, the Commission is required to report to Parliament once per quarter on provisionally suspended magistrates. There was a gap in the reporting from 18 August 2021 to 28 November 2023. The Magistrate’s Commission informed the Committee that a new Chairperson of the Ethics Committee was appointed in 2022, hence the delay in quarterly reporting. The Magistrate’s Commission is currently developing Standard Operating Procedures, implementing guidelines, file audits and instituting various mechanisms to reduce the delays in processing the disciplinary matters of magistrates.

Issues for follow-up

The Magistrate’s Commission has previously indicated that delays are often due to the fact that magistrates are well versed in the law and therefore use every loophole to delay the disciplinary hearings. During the 6^th parliament, the Committee jointly engaged with the PC Justice with the Magistrate’s Commission on these delays and the systemic challenges. Given, the implementation of changes in the Magistrate’s Commission, aimed at the speedier processing of disciplinary matters, it is recommended that the 7^th parliament continues conducting oversight over the work of the Commission and ensures that quarterly reports are received timeously.

SUMMARY OF OUTSTANDING ISSUES RELATING TO THE DEPARTMENTS/ENTITIES THAT THE COMMITTEE HAS BEEN GRAPPLING WITH

The following key issues are outstanding from the committee’s activities during the 6^th Parliament:

A meeting with the Department of Public Works on the infrastructural challenges in the Criminal Justice Sector.	This meeting was part of the Annual Plan of the Select Committee but due to legislative pressures, the Committee did not host this meeting.
Joint meeting with PC Police and PC Justice on the implementation of the Zondo commission report.	Due to the busy programmes of the different Committees, there was insufficient time to conduct this meeting.
A follow up meeting with the Magistrates Commission on delays and systemic issues.	Due to the legislative programme of both the Select Committee and the Portfolio Committee on Justice, this meeting did not take place.
Conduct follow up with DIRCO on the Twinning Agreements.	A meeting was held with the Department of International Relations during the 6^th parliament, however, follow up on Twinning agreements should be undertaken in the 7^th parliament.

RECOMMENDATIONS

The NA should implement plans and timeframes for processing bills timeously, particularly those with Constitutional Deadlines, to ensure that the NCOP has sufficient time to process legislation in respect of both section 75 and section 76 bills.
The Committee should endeavour to clarify the public participation process with Dear SA to ensure that individual petitions are not sent to the Committee and instead one submission reflecting the main comments are sent to the Committee.
The Committee should prioritise more oversight and find an effective balance between the volume of legislation before the Committee and the Committee’s function of conducting oversight in Provinces.
Oversight should be prioritised over Child Justice and Thuthuzela Centres as well as a meeting with the Department of Public Works in respect of the challenges in relation to infrastructure within the Criminal Justice Sector.
Oversight should be conducted over the Magistrates Commission.
Further engagement should be undertaken with the Department of International Relations on International, Bilateral and Twinning agreements of Provinces.
Given the high volume of legislation as well as the number of Departments the Committee oversees, additional Committee Support should be allocated to the Select Committee in respect of the additional departments, namely, The Department of Home Affairs and International Relations to optimise the work of the Committee.
The Committee should prioritise a study tour in the 7^th parliament as this has not taken place in the 6^th parliament. The study tour will enhance the knowledge base of members within the Committee around specific focus areas of the Committee.

Committee strategic plan – please see Annexures attached hereto.

ANNEXURE A

SELECT COMMITTEE ON SECURITY AND JUSTICE

Committee Strategic Plan

2019 - 2024

STRATEGIC OBJECTIVES

23.COMMITTEE STRATEGIC OBJECTIVES

MANDATE AND OBJECTIVES	COMMITTEE PERFORMANCE INDICATORS
Process, pass and monitor the implementation of relevant legislation	Number of Bills that have been processed within the timeframes

Conduct oversight over the Departments	Number of briefings with Departments Number of oversight visits undertaken Number of engagements with entities

Ensure adequate public participation during all legislative and service delivery processes	Public hearings, public consultation, stakeholder forums at provincial level[1]

Strengthen support systems to enhance the functioning of the Committee	Number of sector-specific workshops attended by Members

Ensure co-operative governance and intergovernmental relations, with special delegates and provincial legislatures	Number of provincial visits undertaken[2]

Expand knowledge through international exposure	Number of study tours undertaken

24.OUTLINE OF THE COMMITTEE’S STRATEGIC PRIORITIES

The Committee has identified the following focus areas to concentrate on for the 2019/20 to 2023/24 period, in keeping with the policy imperatives, Agenda 2063 and government’s NDP, MTSF, State of the Nation Address, and State of the Provinces Addresses.

Table 1: Committee oversight priorities by Department for 2019-2024

DEPARTMENT	COMMITTEE OVERSIGHT PRIORITIES
Justice	Conduct oversight over Courts – functioning, infrastructure, access to justice, backlogs of cases, sexual offences courts Progress reports from the DOJ on vulnerable groups Monitor the continued strengthening of the NPA and SIU Meet with the Magistrates Commission – progress reports on Magistrates Process relevant legislation Sexual offences and Thuthuzela Centres Child justice Oversight over the implementation of the GBV Bills processed by the Committee and assented to by the President.
Correctional Services	Oversee the work of the Department – overcrowding, gangsterism, corruption, skills training, rehabilitation and reintegration of offenders. Meet with the Judicial Inspectorate to understand the challenges experienced by the Department and the treatment of inmates
SAPS	Meet with the Civilian Secretariat for Police Oversight over the 30 crime hotspot police stations to ensure effective staffing, resourcing at these stations Oversight over the effective roll out of the rural safety strategy provincially Oversight over SAPS training, reporting and facilities to address Gender-based violence and abuse; Oversight over effective functioning of community policing forums and working relationship with SAPS. Oversight over the DPCI to ensure that their challenges are being addressed and they are able to effectively execute their mandate Legislation and statutory obligations including Firearms Amnesty.
IPID	Oversight over IPID on a provincial basis in respect of their offices, staffing, cases relationship with SAPS, NPA, DPCI. Legislation including Independent Police Investigative Directorate Bill.
DOD and Military Veterans	Meet with the Department of Defence and Military Veterans separately to discuss APPs and targets Conduct oversight over the border posts (iro DHA, SAPS and SANDF) Oversight over the roll out of housing and benefits to military veterans provincially
DHA	Meet with the Department of Home Affairs on its APPs and targets Conduct oversight over the One Stop Border Posts (this activity will be a combination of oversight over DHA, SAPS and Defence as they are all involved in the functioning and protection of border posts). Oversight over service delivery and the war on queues.
International Relations	Meet with the Department on its APPs and targets Engage Provinces on Twinning agreements

[1] These will include public hearings on legislation and general stakeholder forums held.

[2] These include the oversight visits to provinces and NCOP provincial weeks and the Taking Parliament to the People Programme (and pre-visits).

Documents