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Government and communication

Legislative and constitutional development

Introduction

The Legislative and Constitutional Development Branch of the Department of Justice and Constitutional Development administers the Constitution and over 160 principal Acts. The branch is also responsible for researching, developing and promoting supporting legislation, reflecting the basic constitutional ideals which facilitate a justice system that is simple, fair, inexpensive and responsive to the needs of the diverse communities in South Africa.

The branch consists of four main components, namely, the research activities of the South African Law Reform Commission (SALRC), the Secretariat for the Rules Board for Courts of Law, a legislative-development component and one for constitutional development.

The branch’s Legislative-Development Component researches, develops and promotes appropriate legislation affecting the department’s line functions.

It is also responsible for promoting, implementing, maintaining and developing the Constitution and its values.

The component is also responsible for assisting and protecting certain chapter nine institutions such as the Public Protector, the South Afran Human Rights Commission (SAHRC) and the Commission on Gender Equality (CGE) to ensure their independence, impartiality, dignity and effectiveness.

In 2006, the department, among other things, promoted the Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Act, 2006 (Act 8 of 2006) [PDF], which extended the statutory deadline contained in the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005 (Act 28 of 2005) [PDF].

The Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005 brings about an incremental repeal of the Black Administration Act, 1927 and further amends the Administration of Estates Act, 1965 (Act 66 of 1965), so as to give the Masters of the High Court jurisdiction over the property of all minors, including those who are governed by the principles of customary law.

The Civil Unions Act, 2006 (Act 17 of 2006) [PDF], which is transformative and promotes access to justice, was implemented in November 2006 and provides for same-sex marriages.

The Regulation of Interception of Communications and Provision of Communications-
Related Information Amendment Bill, 2006
[PDF] was introduced into Parliament during 2006.

The Bill aims to provide for the electronic capturing of the personal particulars of cellphone and SIM-card holders, replacing the current paperbased system. The Bill will contribute to the fight against crime and enhance organisational efficiency.

Source: South Africa Yearbook 2007/08
Editor: D Burger. Government Communication and Information System

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Last modified: 15 April 2008 14:34:23.

 
 

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