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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. |
