Legislation

Bills

All documents are in PDF format

• Lower Courts Bill, 2022. Invite to Comment, 29 Apr 2022. Cosing date is no later than Wednesday, 15 June 2022
  To make provision for the establishment, composition and functioning of Lower Courts comprising of Regional Courts, District Courts and Municipal Courts; to make provision for the administration of the judicial functions of the Lower Courts; and to provide for matters incidental thereto.
• Magistrates Bill, Mar 2022 [Objects Memo] Invite to Comment, Mar 2022. Cosing date extended to not later than Wednesday, 15 June 2022
  To provide for the establishment, constitution, objects and functions of the Magistrates Commission; to regulate the appointment and remuneration of, and vacation of office by, magistrates; to provide for the remuneration and conditions of service of magistrates; and to provide for matters in connection therewith.
• Land Court Bill [B 11—2021] 20 May 2021
  To provide for the establishment of a Land Court and a Land Court of Appeal; to make provision for the administration and judicial functions of the Land Court and Land Court of Appeal; to make provision for budgetary matters; to provide for the exclusive jurisdiction of the Land Court and Land Court of Appeal for certain matters; to provide for mediation and arbitration procedures; to amend certain laws relating to the adjudication of land matters by other courts; and to provide for matters connected therewith.
• Criminal Procedure Amendment Bill: Explanatory summary (English / Afrikaans), GG 44505, GeN 235, 30 Apr 2021
  To amend the Criminal Procedure Act, 1977, so as to further regulate the publication of information which reveals or may reveal the identity of an accused, a witness or person against whom an offence has allegedly been committed who is under the age of 18 years; and to provide for matters connected therewith.
• Domestic Violence Amendment Bill, [B20-2020] [Objects Memo]
  The Bill seeks to amend the provisions of the Domestic Violence Act, 1998 (Act No. 116 of 1998) (the Act), in order to address practical challenges, gaps and anomalies which have manifested themselves since the Act was put into operation in 1999. There is a need to enhance the application of the Act in order to protect victims of gender-based violence and femicide. In this process the concerns of the #TotalShutDown Movement have been taken into account. Numerous amendments discussed below arise from the alignment of the Act with the more recently enacted Protection from Harassment Act, 2011 (Act No. 17 of 2011) (the Harassment Act).
• Cannabis for Private Purposes Bill, [B19-2020] [Objects Memo]
  The Bill aims to—
  (a) respect the right to privacy of an adult person to possess cannabis plant cultivation material; to cultivate a prescribed quantity of cannabis plants; to possess a prescribed quantity of cannabis; and to consume cannabis;
  (b) regulate the possession of cannabis plant cultivation material; the cultivation of cannabis plants; the possession of cannabis; and the consumption of cannabis by an adult person;
  (c) protect adults and children against the harms of cannabis;
  (d) provide for the expungement of criminal records of persons convicted of possession or use of cannabis;
  (e) delete and amend provisions of certain laws; and
  (f) provide for matters connected therewith.
• Criminal and Related Matters Amendment Bill, [B17-2020] [Objects Memo]
  The primary aim of the Criminal and Related Matters Amendment Bill, 2020 ("the Bill"), is to amend numerous Acts, which are administered by the Department of Justice and Constitutional Development ("the Department") and are intended to—
  * address gender-based violence and offences committed against vulnerable persons; and
  * provide for additional procedures to reduce secondary victimisation of vulnerable persons in court proceedings.
  It amends the Magistrates’ Courts Act, 1944, the Criminal Procedure Act, 1977, the Criminal Law Amendment Act, 1997 and the the Superior Courts Act, 2013.
• Criminal Law (Sexual Offences And Related Matters) Amendment Act Amendment Bill, [B16-2020]
  To amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, so as to—
  • extend the ambit of the offence of incest;
  • introduce a new offence of sexual intimidation;
  • further regulate the inclusion of particulars of persons in the National Register for Sex Offenders;
  • make provision for certain particulars of persons who have been convicted of sexual offences publicly available;
  • extend the list of persons who are to be protected in terms of Chapter 6 of the Act;
  • further regulate the removal of particulars of persons from the National Register for Sex Offenders; and
  • further regulate the reporting duty of persons who are aware that sexual offences have been committed against children,
  and to provide for matters connected therewith.
• Constitution Eighteenth Amendment Bill: Draft - Comment by 31 Jan 2020, GG 42902, GeN 652, 13 Dec 2019
  To amend the Constitution of the Republic of South Africa, 1996, so as to provide that where land and any improvements thereon are expropriated for the purposes of land reform, the amount of compensation payable may be nil; and to provide for matters connected therewith.
  Follow this link to view the Constitution Eighteenth Amendment Bill, [B8 - 2011], 10 Jun 2011.
• Prescription in Civil and Criminal Matters (Sexual Offences) Amendment Bill, B22/2019 also see B22B-2019, 28 Nov 2019
  To amend the Prescription Act, 1969, so as to extend the list of sexual offences in respect of which prescription does not commence to run under certain circumstances regarding a debt that is based on the alleged commission of any of those sexual offences; to amend the Criminal Procedure Act, 1977, so as to extend the list of sexual offences in respect of which a prosecution may be instituted after a period of 20 years has lapsed since the date of the alleged commission of the sexual offence; and to provide for matters connected therewith.
• Promotion of Access to Information Act Amendment Bill, GG 42602, GoN 1015, 31 Jul 2019
  To amend the Promotion of Access to Information Act, 2000, so as to provide for information on the private funding of political parties and independent candidates to be recorded, preserved and made available; and to provide for matters connected therewith.
• Recognition of Customary Marriages Amendment Bill, 26 Jul 2019 [Objects Memo] B12-2019, 2 Sep 2019
  The primary aim of the Recognition of Customary Marriages Amendment Bill, 2019 ("the Bill"), is to amend the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) ("the Act"). The Bill seeks to amend the Act by further regulating the proprietary consequences of customary marriages entered into before the commencement of the Act so as to bring the provisions of the Act in line with judgment of the Constitutional Court, which the Court found to be constitutionally invalid because they discriminate unfairly against certain women in customary marriages.
• Child Justice Amendment Bill, Sep 2018 [Summary]
  To amend the Child Justice Act, 2008, so as to amend a definition; to further regulate the minimum age of criminal capacity; to further regulate the provisions relating to the decision to prosecute a child who is 12 years or older but under the age of 14 years; to further regulate the proof of criminal capacity; to further regulate the assessment report by the probation officer; to further regulate the factors to be considered by a prosecutor when diverting a matter before a preliminary inquiry; to further regulate the factors to be considered by an inquiry magistrate when diverting a matter at a preliminary inquiry; to further regulate the orders that may be made at the preliminary inquiry; to amend wording in order to facilitate the interpretation of a phrase; and to further regulate the factors to be considered by a judicial officer when diverting a matter in a child justice court; and to provide for matters connected therewith.
• State Liability Amendment Bill [B16-2018], May 2018
  To amend the State Liability Act, 1957, so as to provide for structured settlements for the satisfaction of claims against the State as a result of wrongful medical treatment of persons by servants of the State; and to provide for matters connected therewith.
• Criminal Procedure Amendment Bill [B15-2018], May 2018
  To amend the Criminal Procedure Act, 1977, so as to extend the list of offences in respect of which 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.
• Prevention and combating of Hate Crime and Hate Speech Bill [B9-2018], Apr 2018
  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 crime and the offence of hate speech and the prosecution of persons who commit those offences; 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 effect consequential amendments to certain Acts of Parliament; and to provide for matters connected therewith.
• Criminal Procedure Amendment Bill, Amendment of section 18 of Act 51 of 1977, 18 Dec 2017
  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
• International Crimes Bill [B37-2017] and International Crimes Bill: Explanatory summary (English / Afrikaans), GG 41309, GeN 949, 7 Dec 2017
  To criminalise conduct constituting international crimes; to regulate immunity from the prosecution of international crimes; to grant extra-territorial jurisdiction to the courts in respect of international crimes; to regulate the investigation and prosecution of allegations of international crimes; to provide for the extradition of persons accused or convicted of international crimes to foreign States; to provide for the surrender of persons accused or convicted of international crimes to entities; to provide for cooperation with entities in respect of international crimes; to repeal the Implementation of the Rome Statute of the International Criminal Court Act, 2002; to amend the Prevention and Combating of Torture of Persons Act, 2013, so as to confirm immunity for certain persons from prosecution in respect of the crime of torture; and to provide for matters connected therewith.
• Prevention and Combating of Corrupt Activities Amendment Bill, 2017

  To amend the Prevention and Combating of Corrupt Activities Act, 2004, so as to deal with passive corruption in respect of foreign public officials; to extend the offence of unacceptable conduct relating to ordinary witnesses to include whistle-blowers and members of the accounting profession; to increase the monetary sanctions provided for in the Act; and to provide for matters connected therewith.

• Legal Practice Amendment Bill [B11-2017]: Explanatory summary, GG 40804, GeN 312, 21 Apr 2017
  To amend the Legal Practice Act, 2014, so as to further regulate the prescription of the areas of jurisdiction of the Provincial Councils; to provide that only practising legal practitioners may perform certain acts or render certain services; to further regulate the duties of banks in respect of trust accounts; to further regulate the duration of the National Forum on the Legal Profession; to further provide for the functions of the National Forum on the Legal Profession; to further provide for the dissolution date of the law societies; and to provide for matters connected therewith.
• International Arbitration Bill [B10-2017], Mar 2017, Explanatory Summary
  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.
• Cybercrimes and Cybersecurity Bill [B6-2017]; 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 [B1-2017], Jan 2017
  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.
• 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.
• 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.

• 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
  therewith.
• Combating of Torture Bill [B21-2012], 2012: Objects Memo and Explanatory summary, (G 35412, GeN 457), 1 June 2012
• 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