1 LEGACY REPORT LEGACY REPORT OF THE portfolio COMMITTEE ON justice and constitutional development 3RD PARLIAMENT: 2004 – 2009 Committee Secretary: Mr VS ramaano Tel: 021 – / Cell:

2 LEGACY REPORT Functions of committee  Consider legislation referred to it  Exercise oversight over the Department and its entities  Consider International Agreements referred to it  Consider the budget vote of the Department  Facilitate public participation in parliamentary processes  Consider all matters referred to it in terms of legislation, the Rules of Parliament or resolutions of the House  Consider Annual Reports of the Department and its entities 2. Department and entities overseen by committee  Department of Justice and Constitutional Development (DoJCD)  National Prosecuting Authority (NPA)  Public Protector (OPP)  South African Human Rights commission (SAHRC)  Commission on Gender Equality (CGE)  Board of Sheriffs  Legal Aid Board

3 LEGACY REPORT Method of Work of the Committee  The normally meets on Tuesday, Wednesday and FRIDAY. Given the workload, sub-committees were established to assist the committee to do its work expeditiously. Joint meetings with NCOP committee.  Public hearings were normally conducted in Parliament but recently conducted over all provinces (DSO, CJS). CONTINUE? 4. Number of meetings held  2005 – 43  2006 – 54  2007 – 59  2008 – 83  2009 – 12 previous committee. 3 (so far for this committee) Number of meeting keeps increasing and mostly around legislation.

4 LEGACY REPORT Stakeholders List not exhaustive  Law Society of South Africa  General Council of the Bar  Child Justice Alliance  Fathers 4 Justice  Open Democracy Advice Centre  Women’s Legal Centre  Legal Resource Centre  National House of Traditional Leaders  Magistrates’ Association of SA  COSATU  IDASA  Institute for Security Studies 6. Legislation papers referred Bills, AR, Magistrates. Some still pending- lapsed or withdrawn

5 LEGACY REPORT Oversight Trips Undertaken 2004  None  Pollsmoor Prison to consider the position of awaiting-trial prisoners  Bloemfontein (Mangaung One-Stop. Child Justice Centre)  Port Elizabeth (Nerina One Stop Child Justice Centre) The two relate the Child Justice Bill. Budget constraints at the moment. 8. Study Tours Undertaken  29 – 05 December 2006 – UK. Drafting, Legislation on superior Courts and the relationship between the judiciary and executive, especially in relation to the doctrine of separation of power. Report might be relevant given the recent debates around the separation of powers, independence of the judiciary, Minister’s final responsibility over the NPA in light of the Ginwala enquiry, transformation of the judiciary. STATUS OF THE REPORT.  06 – 12 December 2006 – India 7 th International Conference of the Chief Justices of the World.  New Zealand

6 LEGACY REPORT Challenges relating to the committee in exercising its mandate  Creating a balance between the Committee’s heavy legislative programme and oversight responsibilities. This was been exacerbated by a shortened parliamentary term. Many bills to be introduced this year (12-15).  Too many meetings- impact on Members’ other responsibilities. Issue of quorum when required.  Referrals to the committee with very tight deadlines. Where are the bills? Solution- meet nearly everyday and establish sub-committees.  Requirement to confer with other committees- difficulties in reconciling the workloads of the Committees. DNA Bill?  Public hearings in provinces time consuming and tiresome.

7 Legacy Report Outstanding Issues  Traditional Courts Bill and others  Suspension of magistrates  Annual Reports and other papers referred to the committee.  Problems in various bodies reporting to the committee