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Legislation

The department administers the Constitution, over 160 principal Acts and the Legislation Branch, which is responsible for conducting legal research and drafting legislation to promote a justice system that is simple, fair, inexpensive and responsive to the needs of South Africa's diverse communities.

The branch consists of three main components, namely the research activities of the South African Law Reform Commission (SALRC), the Secretariat for the Rules Board for Courts of Law and the Legislative Development component.

Legislative Development researches, develops and promotes appropriate legislation affecting the department's line functions. The following Acts were passed in 2009:

• The Constitution 16th Amendment Act of 2009 [PDF] amended the Constitution of the Republic of South Africa, 1996, to redetermine the geographical areas of Gauteng and North West.
  
• The Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009 (Act 11 of 2009) [PDF] , aims to modify the customary law of succession so as to provide for the devolution of certain property in terms of the law of intestate succession. The Act also clarifies certain matters relating to the law of succession and the law of property in relation to persons who are subject to customary law.
  

The Traditional Courts Bill [PDF] is intended to regulate anew the role and functions of traditional leaders in the administration of justice in accordance with constitutional imperatives.

The Protection of Personal Information Bill [PDF] is intended to give effect to the SALRC legislative recommendation relating to privacy and data protection. The Bill aims to introduce certain minimum conditions for the lawful processing of personal information by public and private bodies.

An independent information-protection regulator will be established in terms of the Bill to ensure compliance with its provisions.

The Prevention and Combating of Trafficking in Persons Bill [PDF] gives effect to South Africa's international obligations as a signatory to the United Nations (UN) Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The Bill will offer protection to the most vulnerable in society against highly organised crime syndicates.

The Protection from Harassment Bill [PDF] is intended to prohibit harassing conduct, amounting to behaviour that could generally be considered as stalking, by providing a complainant with the right to approach a court for an order in terms of which the harassing conduct must be stopped.

The Criminal Law (Forensic Procedures) Amendment Bill [PDF]is intended to strengthen the criminal forensic investigative powers and capacity of the South African Police Service by broadening its fingerprint database. It also seeks to establish a DNA database in line with constitutional imperatives.

The Legal Practice Bill is intended to rationalise the legislation regulating the legal profession. This profession is still regulated by different outdated statutes, which are in operation in various parts of the country. The Bill will not only enhance access to the legal profession for aspirant lawyers but will also enhance access to legal services, impacting positively on access to justice in general. Cabinet approved the Bill in May 2010.

The Superior Courts Bill [PDF] is intended to rationalise the structure and functioning of South Africa's superior courts (the Constitutional Court, the Supreme Court of Appeal [SCA] and the high courts). An accompanying Constitution Amendment Bill is also required.

The Constitution Amendment Bill [PDF] provides, among other things, for a single High Court of South Africa and for the Constitutional Court to be the apex court.

Source: South Africa Yearbook 2010/11
Editor: D Burger. Government Communication and Information System

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Last modified: 25 May 2011 10:08:19.