Speeches

Opening Statement by the Hon Andries Nel, MP, Deputy Minister of Justice and Constitutional Development at a briefing on the International Co-operation in Criminal Matters Bill [B18–2025] to the Portfolio Committee on Justice and Constitutional Development held on 5 August 2026

Chairperson,
Honourable Members,

Thank you for the opportunity to present the International Co-operation in Criminal Matters Bill.

I am joined by Adv Steven Ralekwa, Acting Deputy Director-General: Legislative Development and Adv Tsietsi Sebelemetja, Chief Director: Legislative Development. They will shortly take the Committee through the detailed provisions of the Bill.

I will therefore confine my opening remarks to its broader policy significance and explain why this legislation is important for South Africa's fight against crime, our constitutional commitment to the rule of law, and our role within the international community.

Chairperson,
This year we celebrate the 30th anniversary of the adoption of our Constitution under the theme: "One Constitution. One Nation. Reflect. Renew. Recommit."
The Constitution commits South Africa to the values of human dignity, equality and freedom, but it also establishes the rule of law as one of the founding values of our democratic order. The rule of law means that no person is above the law.

It also means that those responsible for the most serious crimes, whether committed within our borders or beyond them, should not be able to escape accountability simply because they cross national frontiers.

Crime has become increasingly transnational. Organised criminal networks move people, money, weapons, drugs and digital information across borders with unprecedented speed. Human trafficking, terrorism, cybercrime, money laundering, corruption and the financing of organised crime increasingly involve multiple jurisdictions.

Our response to these threats cannot stop at our borders. Just as criminals cooperate across borders, so too must those institutions responsible for enforcing the law. That is the broader context within which this Bill should be understood.

The Bill modernises legislation that was enacted almost thirty years ago. It strengthens South Africa's legal framework for international judicial cooperation by providing clearer mechanisms for obtaining evidence, enforcing lawful orders, facilitating witness testimony, including through modern audio-visual technology, and executing sentences in cooperation with recognised international entities.

These are practical reforms. But they are also important constitutional reforms because they strengthen the capacity of our criminal justice system to ensure that justice is not defeated by geography.

Chairperson,
This Bill also reaffirms an important principle of South African foreign policy and constitutional democracy: the fight against impunity.
South Africa has consistently maintained that those responsible for genocide, crimes against humanity, war crimes and other serious international crimes should be held accountable in accordance with international law.

Impunity undermines justice, it undermines peace, and it undermines reconciliation. Ultimately, it undermines confidence in the international legal order.
For that reason, South Africa has long supported the development of effective international institutions capable of ensuring accountability where national systems alone may be insufficient.

In this regard, we wish to reaffirm Government's commitment to the International Criminal Court and to the broader system of international criminal justice established under international law. The International Criminal Court remains an important institution in the global fight against impunity.

Together with other international courts, tribunals and accountability mechanisms established in accordance with international law, it contributes to ensuring that those responsible for the gravest crimes are held accountable.

This Bill is therefore part of a broader commitment to strengthening international cooperation in criminal matters and ensuring that South Africa has an effective domestic legal framework through which it can discharge its international obligations.

The Bill itself is informed by the Rome Statute and aligns many of its procedures with mechanisms already found in that framework.

Chairperson,
At the same time, it is important to emphasise what this Bill does not do. It does not diminish South Africa's sovereignty. It does not permit foreign or international bodies to operate outside our constitutional framework. On the contrary, every request for assistance is processed through South African institutions.

Ministerial oversight is maintained where required. South African magistrates exercise judicial authority. Witnesses retain the protections afforded by South African law. Our constitutional guarantees of procedural fairness remain fully applicable.
The Bill therefore strengthens international cooperation while preserving constitutional accountability.

Chairperson,
The Bill also reflects another important reality. Modern justice systems must embrace modern technology.
The provision for evidence by audio-visual link is entirely consistent with developments already incorporated into our Criminal Procedure Act and reflects international best practice.

It will improve efficiency, reduce unnecessary costs and delays, and enable more effective cooperation in complex transnational investigations, while ensuring that the interests of justice remain paramount.

Finally, Chairperson,
This legislation is the product of careful consultation across government, including the Justice, Crime Prevention and Security Cluster, the Global and Continental Affairs Committee and key institutions within the criminal justice system, including the National Prosecuting Authority.

With those introductory remarks, Chairperson, I now invite the Department's officials to take the Committee through the detailed provisions of the Bill.

I thank you.