ATC131112: Report of the Portfolio Committee on Justice and Constitutional Development on the Judicial Matters Third Amendment Bill [B53 – 2013], dated 12 November 2013

Report of the Portfolio Committee on Justice and Constitutional Development on the Judicial Matters Third Amendment Bill [B53 – 2013], dated 12 November 2013

1.     The Portfolio Committee on Justice and Constitutional Development considered the Judicial Matters Amendment Bill [B7-2013].  The Bill was tabled as a proposed section 75 but was tagged a section 76 Bill by the Joint Tagging Mechanism (JTM) on the basis that it contained certain provisions that affect the concurrent powers of provinces set out in Schedule 4 of the Constitution, 1996.

2.     In order to expedite the passage of those provisions of the Bill to which the section 76 procedure would not apply, the Committee rejected clauses 17, 36, 39, 42, 43, 46 and 49(3) which were argued to possibly affect the concurrent powers of the provinces in substantial measure. The Committee resolved to initiate a separate Bill focusing solely on these clauses.

3.     The Committee was granted permission to proceed with the proposed legislation as an urgent matter on 12 November 2013.

4.     The Committee, in accordance with Rule 243, reports that it has introduced the Judicial Matters Third Amendment Bill [B53 - 2013] (National Assembly- sec 76) by submitting a copy of the Bill to the Speaker.

Report to be considered.