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Invitation for public comments on the proposed draft Regulations Relating to Protected Disclosures, 2018.

The Department of Justice and Constitutional Development (the Department) invites interested parties to submit written comments on the draft Regulations Relating to Protected Disclosures, 2018 ( GG 41581, GoN 187, 20 Apr 2018).

Section 8(a) of the Protected Disclosures Amendment Act, 2017 (Act No. 5 of 2017)(the Amendment Act) amended section 8(1) of the Protected Disclosures Act, 2000 (Act No. 26 of 2000), which deals with the persons and bodies to whom protected disclosures may be made. The amended section 8 provides that a protected disclosure may be made by an employee or worker to the Public Protector, the South African Human Rights Commission, the Commission for Gender Equality, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Public Service Commission, the Auditor-General or a person or body prescribed by regulation for purposes of section 8 of the Act. Prior to the amendment, a protected disclosure in terms of section 8 of the Act could only be made to the Public Protector or the Auditor-General and a person or body prescribed by regulation for purposes of section 8 of the Act.

In order to give effect to the amended section 8(1) of the Act, draft regulations, prescribing the persons or bodies to whom protected disclosures may be made, in addition to the persons and bodies listed in section 8(1) of the Act, have been prepared. In determining to whom a protected disclosure should, in addition to the persons and bodies listed in section 8(1) of the Act, be made, the Report from the South African Law Reform Commission (SALRC), Project 123 with regards to Protected Disclosures was used as a starting point. In the said report the SALRC recommends that in addition to the proposals contained in the discussion paper and the proposals received from respondents, the Department should give consideration to the inclusion of persons or bodies to whom disclosures may be made in terms of other legislation.

The comments on the draft Regulations Relating to Protected Disclosures, 2018 must be submitted to Ms A Van der Walt, on or before 21 May 2018. The contact details are:
(a) Postal address: The Director-General: Justice and Constitutional Development, Private Bag X 81, Pretoria, 0001;
(b) e-mail address: alvanderwalt@justice.gov.za
(c) Fax nr: 0866480963

Further information can be obtained from Ms A van der Walt at 012 406 4767 or Mr LG Bassett at 012 406 4753.


Invitation to comment on the Draft Regulations to be made in terms of Section 109 of the Legal Practice Act, 2014

Draft Regulations were compiled under section 109(1)(a) of the Legal Practice Act, 2014 (Act No. 28 of 2014). Comment on the proposed regulations is invited, before 1 June 2018.

Any person wishing to comment is invited to submit written comments. Comments should be marked for the attention of Ms W Louw:
(a) if they are forwarded by post, be addressed to: The Department of Justice and Constitutional Development, Private Bag X81, PRETORIA, 0001;
(b) if delivered by hand, be delivered at The Department of Justice and Constitutional Development, SALU Building, 316 Thabo Sehume Street, PRETORIA;
(c) if they are delivered by E-mail, they can be sent to: WiLouw@justice.gov.za; or
(d) if it is faxed, they can be faxed to 0866480563.


Invitation for public comments on the proposed draft Recognition of Customary Marriages Amendment Bill.

The Department of Justice and Constitutional Development invites interested parties to submit written comments on the proposed draft Recognition of Customary Marriages Amendment Bill (the Bill), GG 41581, GoN 188, 20 Apr 2018.

On 30 November 2017 the Constitutional Court handed down judgment in Ramuhovhi and Others v President of the Republic of South Africa and Others [2017] ZACC 41 (the Ramuhovhi-case). An application for confirmation in terms of section 172(2)(a) of the Constitution of the order made by the High Court of South Africa, Limpopo Local Division, was brought by the applicants to declare that section 7(1) of the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) (the RCMA), is inconsistent with the Constitution and invalid in that it discriminates unfairly against women in polygamous customary marriages entered into before the commencement of the RCMA (pre-Act marriages), on the basis of gender, race and ethnic or social origin.

The declaration of constitutional invalidity of section 7(1) of the RCMA by the High Court of South Africa, Limpopo Local Division was confirmed. The declaration of constitutional invalidity is suspended for 24 months to afford Parliament an opportunity to correct the defect giving rise to the constitutional invalidity.

The comments on the draft Bill must be submitted to Ms A Van der Walt, on or before 15 June 2018. The contact details are:
(a) Postal address: The Director-General: Justice and Constitutional Development, Private Bag X 81, Pretoria, 0001;
(b) e-mail address: alvanderwalt@justice.gov.za
(c) Fax nr: 0866480963

Further information can be obtained from Ms A van der Walt at 012 406 4767 or Mr LG Bassett at 012 406 4753.