Legislation

Invitation for public comments on the National Prosecuting Authority Amendment Bill [B 29-2023]

The Department of Justice and Constitutional Development invites interested parties to submit written comments on the National Prosecuting Authority Amendment Bill [B29-2023].

Find the National Prosecuting Authority Amendment Bill's Explanatory summary, GG 49189, GeN 1989, 25 Aug 2023 here.

The Bill seeks to amend the National Prosecuting Authority Act, 1998, so as to insert certain definitions; to provide for the establishment of the Investigating Directorate against Corruption (IDAC) and its powers and functions; to provide for appointment of investigators in IDAC; to provide for the appointment of investigators, to provide for the security screening of investigators, to provide for the remuneration and conditions of service of investigators; provide for the establishment of a mechanism to deal with complaints of a serious nature pertaining to persons appointed at or assigned to an investigating directorate; to provide for powers and functions of investigators; to provide for transitional arrangements relating to the existing Investigating Directorate to become part of the IDAC; to amend RICA, 2002, so as to make provision for applications for directions in terms of RICA by the head of IDAC; and to provide for matters connected therewith.

Closing date for comments: 06 October 2023

As published by Parliament, please contact them for more information.
Date: 26 September 2023

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Invitation for public comments on the Regulation of Interception of Communications and Provision of Communication-Related Information Amendment Bill [B28-2023]

The Department of Justice and Constitutional Development invites interested parties to submit written comments on the Regulation of Interception of Communications and Provision of Communication-Related Information Amendment Bill [B28-2023]

Find the Regulation of Interception of Communications and Provision of Communication-Related Information Amendment Bill's Explanatory summary, GG 49189, GeN 1990, 25 Aug 2023 here.

To amend the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002, so as to insert certain definitions; to provide for the designation of an independent designated judge; to provide for the designation of an independent review judge; to provide for the powers and functions of the review judge; to provide for the tenure of designated and review judges; to provide for adequate safeguards where the subject of surveillance is a journalist or practising lawyer; to provide for post-surveillance notification; to provide for adequate safeguards to address the fact that interception directions are sought and obtained ex parte; to provide for adequate procedures to ensure that data obtained pursuant to the interception of communications is managed lawfully and not used or interfered with unlawfully; to provide for procedures to be followed for processing, examining, copying, sharing, disclosing, sorting through, using, storing or destroying of any data; to provide for principles for the safeguarding of data when dealing with the management of data; and to provide for matters connected therewith.

As published by Parliament, please contact them for more information.
Date: 26 September 2023

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