Committee Notice Details

Committee Notice Details

Call for Written Submissions on the Judicial Matters Amendment Bill [B14 - 2016]

The Portfolio Committee on Justice and Correctional Services invites stakeholders and interested persons to make written submissions on the Judicial Matters Amendment Bill [B14- 2016].

The purpose of the Judicial Matters Amendment Bill [B14- 2016] is to amend:   

  • the Magistrates’ Courts Act, 1944, so as to - further regulate the benefits of magistrates who are required to dispose of proceedings which were not disposed of on vacation of the office of magistrate; and further provide for the appointment of magistrates of regional divisions to adjudicate on civil disputes;
  • the State Liability Act, 1957, so as to - further regulate the service of court process; further regulate the issuing of writs of execution or warrants of execution by registrars or clerks of the court; and amend certain definitions;
  • the Administration of Estates Act, 1965, so as to enable the Cabinet member responsible for the administration of justice to make regulations regarding persons who may liquidate and distribute deceased estates;
  • the South African Law Reform Commission Act, 1973, so as to further regulate the constitution of the South African Law Reform Commission;
  • the Criminal Procedure Act, 1977, so as to - further regulate the prescription of the right to institute prosecutions; further regulate the availability of certain witnesses in criminal proceedings; further regulate the competency or compellability of witnesses to give evidence; and effect technical corrections;
  • the Attorneys Act, 1979, so as to further regulate the engagement of candidate attorneys;
  • the Small Claims Courts Act, 1984, so as to give the Rules Board for Courts of Law the power to make rules regulating various aspects in respect of small claims courts;
  • the Rules Board for Courts of Law Act, 1985, so as to further regulate the constitution of the Rules Board for Courts of Law;
  • the Sheriffs Act, 1986, so as to - further regulate the appointment of sheriffs; regulate the allocation of areas for sheriffs; provide for the transfer of certain moneys in the trust accounts of sheriffs to the Fidelity Fund for Sheriffs; and assist certain litigants with the payment of costs for the execution of small claims court judgments;
  • the Magistrates Act, 1993, so as to - effect technical corrections; further regulate the composition of the Magistrates Commission; and extend the age of retirement of magistrates;
  • the Criminal Law Amendment Act, 1997, so as to include rape and compelled rape of an older person in Part I of Schedule 2;
  • the National Prosecuting Authority Act, 1998, so as to provide for the establishment of offices for the prosecuting authority at local seats of Divisions of the High Court;
  • the Debt Collectors Act, 1998, so as to further regulate the powers of the Council for Debt Collectors;
  • the Promotion of Access to Information Act, 2000, so as to further regulate the designation and training of presiding officers;
  • the Promotion of Administrative Justice Act, 2000, so as to further regulate the designation and training of presiding officers;
  • the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, so as to add HIV/AIDS status to the definition of ‘‘prohibited grounds’’ and further regulate the designation and training of presiding officers;
  • the Institution of Legal Proceedings against certain Organs of State Act, 2002, so as to further regulate - the service of notices against organs of state; and the service of process against organs of state in accordance with the provisions of the State Liability Act, 1957;
  • the Children’s Act, 2005, so as to effect technical corrections;
  • the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, so as to further regulate - the categories of persons whose particulars must be included in the National Register for Sex Offenders; the inclusion of the particulars of convicted persons in the National Register for Sex Offenders; and the designation of sexual offences courts;
  • the Prevention and Combating of Trafficking in Persons Act, 2013, so as to effect technical corrections;
  • the Superior Courts Act, 2013, so as to further regulate the electronic transmission of summonses, writs and other process; and
  • the Legal Aid South Africa Act, 2014, so as to - effect technical corrections; and further regulate the term of appointment of members of the Board of Legal Aid South Africa; and
  • to provide for matters connected therewith.

Submissions must be received by no later than 24 March 2017. Please indicate your interest in making a verbal presentation. Public hearings will be held in Parliament.  

Submissions and enquiries must be directed to Mr V Ramaano, Portfolio Committee on Justice and Correctional Services, 3rd Floor, 90 Plein Street, Cape Town, 8000 or emailed to vramaano@parliament.gov.za

Copies of the Bill may be obtained from Mr V Ramaano, tel: (021) 403-3820 or 083 709 8427 or www.parliament.gov.za  

Issued by Hon. Dr Mathole Motshekga, MP, Chairperson: PC on Justice and Correctional Services