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Invitation for public comments on the Criminal Procedure Amendment Bill, Amendment of section 18 of Act 51 of 1977

To amend the Criminal Procedure Act, 1977, so as to extend the list of offences where a prosecution may be instituted after a period of 20 years has lapsed since the date of the alleged commission of an offence; and to provide for matters connected therewith.

Deadline for comments is 28 February 2018 and comments on the draft Criminal Procedure Amendment Bill (Section 18), must be marked for the attention of Mr H du Preez, and if they are submitted by email, be emailed to HduPreez@justice.gov.za and if they are faxed, be faxed to 086 649 6582.


Publication of particulars of proposed amendment to the Constitution of the Republic of South Africa, 1996

I, Michael Masutha, Minister of Justice and Correctional Services, in terms of section 7 4(5)(aJ of the Constitution of the Republic of South Africa, 1996 (the Constitution) and in accordance with the rules and orders of the National Assembly, hereby publish the particulars of a proposed amendment to the Constitution as set out below, for public comment.

The intended Constitution Amendment Bill will provide for the redetermination of the geographical areas of the provinces of the Eastern Cape, KwaZulu­Natal, the North West and the Northern Cape, as depicted in the maps in the Schedule hereto.

Written representations on the particulars of the Constitutional amendment can be submitted to-
(a) Ms T Skhosana (ThSkhosana@justice.gov.za); or
(b) Ms E Steyn (Ensteyn@justice.gov.za); or
(c) to any one of the above-mentioned officials at the following address: Department of Justice and Constitutional Development
Chief Directorate: Legislative Development, Private Bag X 81, PRETORIA, 0001; or
(d) be clearly marked for the attention of any one of the above-mentioned officials and handed in at SALU Building Room 2302/2303 Thabo Sehume Street PRETORIA

The representations must reach the officials not later than 28 February 2018.

The following background information is relevant:
1. Section 103( 1) of the Constitution lists the nine provinces of the Republic of South Africa. Section 103(2) provides that the geographical areas


Invitation for public comments on the Draft Regulations Relating to Sexual Offences Courts: Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

The Department of Justice and Constitutional Development invites interested parties to submit written comments on the proposed draft Regulations relating to Sexual Offences Courts, 2017 (the draft Regulations).

The Judicial Matters Second Amendment Act, 2013 (Act No. 43 of 2013) amends the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), to enable the Minister of Justice and Correctional Services to—
(a) establish, by notice in the Gazette, courts as sexual offences courts to deal with sexual offences cases; and
(b) make regulations necessary to give effect to the established sexual offences courts, including the requirements for the efficient and effective functioning thereof.

The draft Regulations were published for public comments on 30 September 2015 in Government Notice No. 899 of 30 September 2015. All the comments received were taken into account as well as amendments required because of the changes effected to section 55A of the Act by the Judicial Matters Amendment Act, 2017 (Act 8 of 2017). The draft Regulations furthermore needed to be reconsidered having regard to the financial constraints facing the Department. All these factors necessitated amendments to the draft regulations as was published on 30 September 2015 and therefor further consultation with interested parties.

The draft Regulations still focus on elements of efficiency and effectiveness of the sexual offences courts, aim to provide for protective measures for victims to be available at these courts and also focus on the needs of persons with disabilities. The draft Regulations still provide for basic requirements before a court may be established as a sexual offences court and advanced requirements, which must be realized progressively.

The comments on the draft Regulations must be submitted to Ms A Van der Walt, on or before 31 January 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: 086 6480 963

Further information can be obtained from Ms A van der Walt at 012 406 4767 or Dr I Botha at 012 406 4756.