Members of the Portfolio Committee on Justice and Correction Services from all political parties today lambasted the Department of Justice and Constitutional Development for the delay in bringing various pieces of legislation to Parliament, which has left very little time to deal with them.
The committee today received presentations on the Regulation of Interception of Communications and Provision of Communication-Related Information Amendment Bill (RICA) and the National Prosecuting Authority (NPA) Amendment Bill. The Constitutional Court referred the RICA Bill to Parliament for amendment.
In terms of the RICA Bill, the committee heard that on 4 February 2021, the Constitutional Court handed down judgment in Amabhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others 2021 (3) SA 246. The Constitutional Court confirmed a declaration made by the Gauteng Division of the High Court in Pretoria that the RICA Act, 2002 (Act 70 of 2002) is unconstitutional to the extent that it fails to provide adequate safeguards to protect the right to privacy, as buttressed by the rights of access to courts, freedom of expression and the media, and legal privilege. The Constitutional Court suspended the declaration of unconstitutionality for 36 months to afford Parliament an opportunity to cure the defects causing the invalidity. The deadline for this process is 4 February 2024.
Committee Members insisted that the department expand on the initial reasons for the delay provided by the Deputy Minister John Jeffery, which were that staff tasked with drafting the legislation fell sick during the pandemic, while other died, causing a general shortage of staff. Committee Member Adv Glynnis Breytenbach called this explanation insufficient and called on the department to elaborate on it. Another committee Member, Mr Steve Swart, agreed with her assessment and asked about the existence of plans to avoid the current situation in the future. Committee Member Ms Nomathemba Maseko-Jele also agreed and said the department must improve on the time it takes to bring Bills to the committee.
Ms Kallay Pillay, the department’s Deputy Director-General, told the committee that around 90 per cent of staff in the legislation drafting unit are new officials appointed in the last two years. One staff member is expected to retire at the end of year, leaving the unit with only one official with more than eight years’ service. As the current piece of legislation was highly technical, this staff situation causes many challenges.
Committee Chairperson Mr Bulelani Magwanishe then continued with the general disapproval voiced thus far, saying that this is not the first time the department has been late to bring legislation before the committee, expecting the committee to expedite its processes as Constitutional Court deadlines loom. He highlighted the Cannabis Bill, stating the committee was left with two weeks to finalise it.
“You know we have challenges with resources. But I think the biggest problem is planning – lack of planning. You know people are retiring, so how are you planning around that. It seems you don’t take into account limited human capacity. Legislation comes to us very late. In a way, it’s like you are putting a gun to our head and saying it’s a Constitutional Court deadline, so we are forced to rush it to make the deadline,” Mr Magwanishe pointed out.
He also noted that not only was the committee put under pressure but it has a ripple effect as that pressure is later placed on the National Council of Provinces, which will also be required to deal expeditiously with the legislation. “You are not giving us enough time to apply our mind. You are putting us in a position not to discharge our constitutional responsible properly.”
Meanwhile, the NPA Amendment Bill addresses the fact that the Independent Directorate in its current form is not a permanent entity or unit within the NPA. The committee heard that at present, the directorate’s independence could be compromised since government departments or institutions can and have, in fact, threatened to recall re-assigned employees from the directorate. The department said the NPA Act ought to be amended to make provision for the permanent appointment of investigators and the required additional skills in the directorate. Mr Magwanishe said both Bills will now urgently be advertised for public comment.
Rajaa Azzakani
8 September 2023
Arrange a tour