The powers and duties of the Commission are set out in section 5 of the South African Law Reform Commission Act 10 of 1973 (SALRC Act). Section 5 directs the Commission to draw up a programme that includes, in order of preference, the various matters that – in the Commission’s opinion – require consideration. The programme must, however, be submitted to the Minister of Justice and Constitutional Development (the Minister) for approval. The Commission may include any suggestion for investigation relating to the Commission’s objectives received from any person or body.

The South African Law Reform Commission (SALRC) is required to investigate the matters which appear on its programme (as approved by the Minister), and may consult any person or body during the investigations. The SALRC also prepares draft legislation if it is of the opinion that legislation ought to be enacted with regard to the matter investigated.

A Secretary and full-time Secretariat consisting of officials employed by the Department of Justice and Constitutional Development (DOJ&CD) assist the Commission in its task. The Secretariat includes a research component and an administrative component, which together with the Commission itself are referred to as the SALRC.

The SALRC prepares discussion papers, previously referred to as working papers, which are documents in which the Commission's preliminary research results are contained. In most cases discussion papers also contain draft legislation which gives effect to the Commission's tentative recommendations and proposals. The main purpose of these documents is to test public opinion on solutions identified by the Commission.

In terms of section 14(1) of the Promotion of Access to Information Act 2 of 2000, the information officer of a public body must compile in at least three official languages a manual containing certain specified information. The South African Law Reform Commission derives its powers from the South African Law Commission Act 19 of 1973. The Law Reform Commission is a public body as contemplated in paragraph (b)(ii) of the definition of "public body", namely an institution exercising a public power of performing a public function in terms of any legislation. The Law Reform Commission therefore manages access to its own records.
Read the PAIA manual in Afrikaans, English or Sesotho