functioning and policies of the south african law reform commission
TRANSCRIPT
FUNCTIONING AND POLICIES FUNCTIONING AND POLICIES OF THE SOUTH AFRICAN LAW OF THE SOUTH AFRICAN LAW
REFORM COMMISSIONREFORM COMMISSION
ESTABLISHMENT OF THE ESTABLISHMENT OF THE COMMISSIONCOMMISSION
South African Law Reform South African Law Reform Commission Act 19 of 1973 Commission Act 19 of 1973 (The Act)(The Act)
The Commission’s working The Commission’s working methods are intended to methods are intended to promote law reform in terms promote law reform in terms of its enabling statuteof its enabling statute
OBJECTS OF THE COMMISSIONOBJECTS OF THE COMMISSION
Research with reference to all branches Research with reference to all branches of the lawof the law
Study and investigate all branches in Study and investigate all branches in order to make recommendations for the order to make recommendations for the –– DevelopmentDevelopment ImprovementImprovement ModernizationModernization ReformReform
COMPOSITION OF THE COMPOSITION OF THE COMMISSIONCOMMISSION
Appointed by President for not more Appointed by President for not more than five yearsthan five years
Judge as ChairpersonJudge as Chairperson
Not more than eight persons fit for Not more than eight persons fit for appointmentappointment
Not more than three full-time Not more than three full-time membersmembers
One or more additional membersOne or more additional members
WORKING COMMITTEEWORKING COMMITTEE
Consists of members of the Commission onlyConsists of members of the Commission only
Is the executive committee of the CommissionIs the executive committee of the Commission Attends to routine matters and matters Attends to routine matters and matters
requiring urgent attentionrequiring urgent attention Considers the inclusion of new investigations Considers the inclusion of new investigations
in the Commission’s programin the Commission’s program Approves Issue Papers and Discussion Papers Approves Issue Papers and Discussion Papers
but NOT Reportsbut NOT Reports
PROJECT COMMITTEESPROJECT COMMITTEES
Consists of members of the Consists of members of the Commission and persons who are not Commission and persons who are not members of the Commission members of the Commission appointed by the Ministerappointed by the Minister
Consists of experts to assist with Consists of experts to assist with investigations and to advise the investigations and to advise the CommissionCommission
Project Committee must include at Project Committee must include at least one member of the Commissionleast one member of the Commission
SECRETARIATSECRETARIAT
Full-time officials on the Full-time officials on the establishment of the Department establishment of the Department of Justiceof Justice
Secretary (Chief Director)Secretary (Chief Director) Assistant SecretaryAssistant Secretary 19 Researchers19 Researchers Administrative componentAdministrative component
INITIATION AND INCLUSION OF INITIATION AND INCLUSION OF LAW REFORM PROPOSALSLAW REFORM PROPOSALS
Submission to the Commission of a Submission to the Commission of a law reform proposal - any person or law reform proposal - any person or institutioninstitution
Considered by Working CommitteeConsidered by Working Committee Recommended that Minister include Recommended that Minister include
in Commission’s programmein Commission’s programme Priority rating assignedPriority rating assigned
PROGRAMME OF COMMISSIONPROGRAMME OF COMMISSION
2525 Revision of the statute bookRevision of the statute book
9494 Arbitration: Family mediationArbitration: Family mediation
107107 Sexual offences: Adult prostitutionSexual offences: Adult prostitution
113113 The use of electronic equipment in court The use of electronic equipment in court proceedingsproceedings
118118 Domestic partnershipsDomestic partnerships
121121 Consolidated legislation pertaining to international Consolidated legislation pertaining to international co-co- operation in civil mattersoperation in civil matters
122122 Assisted decision-making: Adults with impaired Assisted decision-making: Adults with impaired decision-decision- making capacitymaking capacity
123123 Protected disclosuresProtected disclosures
PROGRAMME (Continued)PROGRAMME (Continued)
124124 Privacy and data protectionPrivacy and data protection
125125 Prescription periodsPrescription periods
126126 Review of the rules of evidenceReview of the rules of evidence
127 127 Review of administration ordersReview of administration orders
128128 Review of aspects of the law of divorceReview of aspects of the law of divorce
129129 Review of aspects of matrimonial property lawReview of aspects of matrimonial property law
130130 StalkingStalking
131 131 Trafficking in personsTrafficking in persons
133133 A specific civil action in respect of consequential A specific civil action in respect of consequential damages damages arising from hoaxesarising from hoaxes
134134 Administration of estatesAdministration of estates
APPOINTMENT OF APPOINTMENT OF RESEARCHER AND PROJECT RESEARCHER AND PROJECT
COMMITTEECOMMITTEE
One or more researchers designatedOne or more researchers designated
Commission determines whether Commission determines whether Project Committee should be Project Committee should be establishedestablished
Guided by complexity or specialised Guided by complexity or specialised nature; external expertise; nature; external expertise; representivityrepresentivity
ISSUE PAPERSISSUE PAPERS
First step in consultative process in order to First step in consultative process in order to secure community participation at an early secure community participation at an early stagestage
Purpose is –Purpose is – To announce a particular investigationTo announce a particular investigation Highlight the problems that have given rise to Highlight the problems that have given rise to
the investigationthe investigation Point to possible options for solving the problemsPoint to possible options for solving the problems Stimulate debate on identified issuesStimulate debate on identified issues
Does not contain draft legislationDoes not contain draft legislation
DISCUSSION PAPERSDISCUSSION PAPERS Comment on Issue Paper consideredComment on Issue Paper considered Further research by researcher/project Further research by researcher/project
committeecommittee Draft Discussion Paper usually contains the Draft Discussion Paper usually contains the
following:following: Exposition of the problemsExposition of the problems Existing state of the lawExisting state of the law Comparative legal studyComparative legal study Possible preliminary solutionsPossible preliminary solutions Proposed draft Bill in which recommendations are Proposed draft Bill in which recommendations are
embodiedembodied
WORKSHOPS, BRIEFINGS, WORKSHOPS, BRIEFINGS, FOCUS MEETINGSFOCUS MEETINGS
Method to elicit comment and stimulate Method to elicit comment and stimulate debate on Issue Papers and Discussion debate on Issue Papers and Discussion PapersPapers
Acquaint interest groups and public with the Acquaint interest groups and public with the Commission, its objectives and investigationsCommission, its objectives and investigations
Reach the community at grassroots levelReach the community at grassroots level Focus meetings with expertsFocus meetings with experts Laws rooted in effective public consultation Laws rooted in effective public consultation
are more likely to function effectively, and to are more likely to function effectively, and to enjoy public respectenjoy public respect
REPORTSREPORTS
Comment on Discussion Paper consideredComment on Discussion Paper considered Further research by researcher/project Further research by researcher/project
committeecommittee Draft Report contains Commission’s final Draft Report contains Commission’s final
recommendations and draft legislationrecommendations and draft legislation Report submitted to Minister of JusticeReport submitted to Minister of Justice Tabled in ParliamentTabled in Parliament Ministerial prerogative to introduce draft Ministerial prerogative to introduce draft
legislation in Parliamentlegislation in Parliament
ANNUAL REPORTANNUAL REPORT
On all activities during the On all activities during the yearyear
Tabled in ParliamentTabled in Parliament
BULLETINBULLETIN
Newsletter of CommissionNewsletter of Commission
Widely distributedWidely distributed
INTERNETINTERNET
All publications of the Commission on All publications of the Commission on Commission’s Website:Commission’s Website:
www.doj.gov.za/salrc/index.htmwww.doj.gov.za/salrc/index.htm
ASSISTANCE WITH ASSISTANCE WITH PARLIAMENTARY PROCESSPARLIAMENTARY PROCESS
Researcher to assist on Researcher to assist on request of Portfolio request of Portfolio Committee or DepartmentCommittee or Department
Researcher functionary of Researcher functionary of DepartmentDepartment
ENDEND