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- Criminal Procedure Amendment Bill, Feb 2017 [B 2—2017]
To amend the Criminal Procedure Act, 1977, so as to provide the courts with a wider range of options in respect of orders to be issued in cases of findings that accused persons are not capable of understanding criminal proceedings so as to make a proper defence; or that accused persons are by reason of mental illness or mental defect or for any other reason not criminally responsible for the offences they are charged with; to clarify the composition of the panels provided for in section 79 to conduct enquiries into the mental condition of accused persons; and to provide for matters connected therewith.
- Cybercrimes and Cybersecurity Bill; Discussion Document & Media Briefing, Jan 2017
To create offences and impose penalties which have a bearing on cybercrime; to criminalise the distribution of data messages which is harmful and to provide for interim protection orders; to further regulate jurisdiction in respect of cybercrimes; to further regulate the powers to investigate cybercrimes; to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrime; to provide for the establishment of a 24/7 Point of Contact; to further provide for the proof of certain facts by affidavit; to impose obligations on electronic communications service providers and financial institutions to assist in the investigation of cybercrimes and to report cybercrimes; to provide for the establishment of structures to promote cybersecurity and capacity building; to regulate the identification and declaration of critical information infrastructures and measures to protect critical information infrastructures; to provide that the Executive may enter into agreements with foreign States to promote cybersecurity; to delete and amend provisions of certain laws; and to provide for matters connected therewith.
- Traditional Courts Bill and Summary, 30 Nov 2016
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.
- Implementation of the Rome Statute of the International Criminal Court Act Repeal Bill [B23-2016], Nov 2016
Explanatory summary, GG 40403, GeN 747, 03 Nov 2016 [Afr]
To repeal the Implementation of the Rome Statute of the International Criminal Court Act, 2002; and to provide for matters connected therewith.
- Invitation to comment on the Prevention and Combating of Hate Crimes and Hate Speech Bill, October 2016
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; to provide for the offence of hate crimes and
the offence of hate speech and the prosecution of persons who commit those crimes; to provide for appropriate sentences that may be imposed on persons who commit hate crime and hate speech offences; to provide for the prevention of hate crimes and hate speech; to provide for the reporting on the implementation, application and administration of this Act; to amend certain Acts of Parliament consequentially; and to provide for matters connected therewith.
- Judicial Matters Amendment Bill: Explanatory summary, GG 40274, GeN 588, 14 Sep 2016 [Memorandum on the Objects of the Bill]
Clause 1 amends section 9 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944) (hereinafter referred to as "the Magistrates’ Courts Act"), dealing with the appointment of judicial officers. Section 12 of the Magistrates’ Courts Act, provides for the powers of judicial officers. Section 91A of the Promotion of Access to Information Act, 2000 (Act No 2 of 2000), deals with the designation and training of presiding officers to adjudicate over aspects provided for in the Act relating to access to information. Section 9A of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (hereinafter referred to as "the Promotion of Administrative Justice Act"), deals with the designation and training of presiding officers to adjudicate over aspects arising from the Act relating to administrative actions. Section 16 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000) (hereinafter referred to as "the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000"), deals with the designation and training of presiding officers to adjudicate over aspects arising from the Act relating to equality and unfair discrimination.
- The Courts of Law Amendment Bill, April 2016.
The purpose of the Bill is to amend various sections of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944)(the MCA), in order to address alleged abuses in the emoluments attachment order (EAO) system. It further seeks to amend the sections of the MCA dealing with the rescission or abandonment of court judgments to accommodate the Department of Trade and Industry’s (the dti) removal of adverse consumer credit information project. The amendments have a bearing on civil debts and are aimed at protecting debtors who often find themselves in financial difficulties as a result of debts incurred by them and who cannot escape the “debt trap” due to the abuses that seem to be taking place in this area of the law and also to put in place measures that will assist them in overcoming the effects of court judgments relating to their continued indebtedness. The Bill further amends the Superior Courts Act, 2013 (Act No. 10 of 2013)(the SCA), to provide for the rescission of judgments with the consent of the judgment creditor and for the rescission of judgments where the judgment debt has been settled.
- International Arbitration Bill [B5-2016] 17 Mar 2016
To provide for the incorporation of the Model Law on International Commercial Arbitration, as adopted by the United Nations Commission on International Trade Law, into South African law; to provide anew for the recognition and enforcement of foreign arbitral awards; to repeal the Recognition and Enforcement of Foreign Arbitral Awards Act, 1977; to amend the Protection of Businesses Act, 1978, so as to delete an expression; and to provide for matters connected therewith.
- Protected Disclosures Amendment Bill [B40-2015], Dec 2015
To amend the Protected Disclosures Act, 2000, so as to extend the application of the Act to any person who works or worked for the State or another person or who in any manner assists or assisted in carrying on or conducting the business of an employer or client as an independent contractor, consultant, agent or person rendering services to a client while being employed by a temporary employment service; to regulate joint liability of employers and their clients; to introduce a duty to inform employees or workers who have disclosed information regarding unlawful or irregular conduct; to provide for immunity against civil and criminal liability flowing from a disclosure of information which shows or tends to show that a criminal offence has been committed, is being committed or is reasonably likely to be committed; to create an offence for the disclosure of false information; and to provide for matters connected therewith.
- Debt Collectors Amendment Bill, Oct 2015
To amend the Debt Collectors Act, 1998, so as to amend and insert certain definitions; to make the Act applicable to attorneys; to make provision for the registration and regulation of debt collectors interns; to provide that the list of registered debt collectors may be submitted to Parliament electronically; to further regulate the processes dealing with improper conduct of debt collectors; to provide for the payment of admission of guilt fines by debt collectors in respect of certain cases of improper conduct; to provide for the appointment of inspectors to assist the Council for Debt Collectors with investigations of complaints against debt collectors; to empower the Council for Debt Collectors to tax or assess any account or statement of costs; to further regulate the administration of trust accounts of debt collectors; to extend the matters in respect of which regulations may be made; to empower the Council for Debt Collectors to delegate certain of its powers and functions; to empower the Council for Debt Collectors to exempt debt collectors from certain requirements of the Act; to require the Rules Board for Courts of Law and the Council for Debt Collectors to make recommendations to the Minister on fees and expenses payable in respect of debt collection; and to provide for matters connected
- Justice Administered Fund Bill, [B26-15] Sep 2015
To provide for the establishment of a Justice Administered Fund; to regulate for management, control, investment and utilisation of money in the Fund; and to provide for matters connected therewith.
Justice Administered Fund Bill: Explanatory summary, GG 39289, GeN 987, 14 Oct 2015
- Attorneys Amendment Bill, [B9-2014], July 2014
- Combating of Torture Bill [B21-2012], 2012: Objects Memo and Explanatory summary, (G 35412, GeN 457), 1 June 2012
- Judges' Remuneration and Conditions of Employment Amendment Bill, [B12 - 2011], 08 Jul 2011
- Constitution Eighteenth Amendment Bill, [B8 - 2011], 10 Jun 2011
- Executive Members’ Ethics Amendment Bill, 2011
NOTE: BILLS INTRODUCED INTO PARLIAMENT
The Bills are made available for information purposes. It should be noted that the Bills are subject to change in their passage through the Parliamentary process. Any amendments which may be effected to the Bills can be accessed on the following web sites at: http://www.parliament.gov.za ; or http://www.gov.za