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SOUTH AFRICAN LAW COMMISSION CONFERENCE ON RELEASE OF DISCUSSION PAPERS ON 8 MAY 2001

Date: 8 May 2001
Time: 14h00
Venue: South African Law Commission, Conference Room, 12th Floor, Sanlam Centre, Corner Schoeman and Andries Streets, Pretoria

You are invited to a media conference where the following discussion papers will be released by the Law Commission:

* Discussion Paper 96: Simplification of criminal procedure: A more inquisitorial approach to criminal procedure - police questioning, defence disclosure, the role of judicial officers and judicial management of trials;

* Discussion Paper 97: Sentencing: A compensation scheme for victims of crime in South Africa;

* Discussion Paper 98: Publication of divorce proceedings: Section 12 of the Divorce Act 70 of 1979; and

* Discussion Paper 99: Computer-related crime: Preliminary proposals for reform in respect of unauthorised access to computers, unauthorised modification of computer data and software applications and related procedural aspects.

Copies of the discussion papers will be available at the media conference. Media statements containing summaries of the recommendations embodied in the discussion papers will also be released. There will be short briefings and an opportunity for questions.

Discussion Paper 96: Simplification of criminal procedure: A more inquisitorial approach to criminal procedure - police questioning, defence disclosure, the role of judicial officers and judicial management of trials.

The Commission's conclusions and recommendations relate to the following:

* Police questioning and defence disclosure from the time that suspicion first falls upon the accused until the time he or she is indicted;
* Questioning of suspects;
* Admissibility of confessions and admissions;
* Defence disclosure from the time the accused is indicted until the plea;
* Defence disclosure in the course of the trial;
* Greater judicial participation in the process of the trial; and
* Case and trial management.

Discussion Paper 97: Sentencing: A compensation scheme for victims of crime in South Africa.

The Discussion Paper considers the feasibility of establishing a Victim Compensation Scheme (VCS) in South Africa. The following determinants are examined:

* The nature and extent of violent crime in South Africa;
* The impact of violent crime on victims;
* The services currently available to victims;
* Arguments in respect of compensation for victims;
* Eligibility criteria for compensation from the state;
* Costing of a VCS; and
* Administering a VCS.

Discussion Paper 98: Publication of divorce proceedings: Section 12 of the Divorce Act 70 of 1979.

* The South African media are, in terms of section 12 of the Divorce Act 70 of 1979, prohibited from publishing any particulars of a divorce action or any information which comes to light in the course of such an action other than the names of the parties to a divorce action, the fact that a divorce action between the parties is pending in a court of law, and the judgement or order of the court. However, since the provision does not have extra-territorial operation, the foreign media who are allowed to attend proceedings in courts are unrestricted in their reportage of South African divorce proceedings. Since South African citizens have access to the foreign media and the press, the purpose of the prohibition is defeated. The Discussion Paper offers possible options for reform.

Discussion Paper 99: Computer-related crime: Preliminary proposals for reform in respect of unauthorised access to computers, unauthorised modification of computer data and software applications and related procedural aspects.

* Computers are playing an integral part in the functioning of our society. They are relied upon to perform functions upon which human life as well as the economic and industrial functioning of society are dependent. There can be serious repercussions if computers performing these functions are interfered with. These activities cannot be dealt with satisfactorily in terms of the present provisions of our criminal law and the Discussion Paper considers the introduction of new offences by way of legislation.

Issued by: South African Law Commission, 8 May 2001