FUNCTIONING AND POLICIES OF THE SOUTH AFRICAN LAW REFORM COMMISSION

ESTABLISHMENT OF THE COMMISSION South African Law Reform Commission Act 19 of 1973 (The Act) South African Law Reform Commission Act 19 of 1973 (The Act) The Commission’s working methods are intended to promote law reform in terms of its enabling statute The Commission’s working methods are intended to promote law reform in terms of its enabling statute

OBJECTS OF THE COMMISSION Research with reference to all branches of the law Research with reference to all branches of the law Study and investigate all branches in order to make recommendations for the – Study and investigate all branches in order to make recommendations for the – Development Development Improvement Improvement Modernization Modernization Reform Reform

COMPOSITION OF THE COMMISSION Appointed by President for not more than five years Appointed by President for not more than five years Judge as Chairperson Judge as Chairperson Not more than eight persons fit for appointment Not more than eight persons fit for appointment Not more than three full-time members Not more than three full-time members One or more additional members One or more additional members

WORKING COMMITTEE Consists of members of the Commission only Consists of members of the Commission only Is the executive committee of the Commission Is the executive committee of the Commission Attends to routine matters and matters requiring urgent attention Attends to routine matters and matters requiring urgent attention Considers the inclusion of new investigations in the Commission’s program Considers the inclusion of new investigations in the Commission’s program Approves Issue Papers and Discussion Papers but NOT Reports Approves Issue Papers and Discussion Papers but NOT Reports

PROJECT COMMITTEES Consists of members of the Commission and persons who are not members of the Commission appointed by the Minister Consists of members of the Commission and persons who are not members of the Commission appointed by the Minister Consists of experts to assist with investigations and to advise the Commission Consists of experts to assist with investigations and to advise the Commission Project Committee must include at least one member of the Commission Project Committee must include at least one member of the Commission

SECRETARIAT Full-time officials on the establishment of the Department of Justice Full-time officials on the establishment of the Department of Justice Secretary (Chief Director) Secretary (Chief Director) Assistant Secretary Assistant Secretary 19 Researchers 19 Researchers Administrative component Administrative component

INITIATION AND INCLUSION OF LAW REFORM PROPOSALS Submission to the Commission of a law reform proposal - any person or institution Submission to the Commission of a law reform proposal - any person or institution Considered by Working Committee Considered by Working Committee Recommended that Minister include in Commission’s programme Recommended that Minister include in Commission’s programme Priority rating assigned Priority rating assigned

PROGRAMME OF COMMISSION 25Revision of the statute book 94Arbitration: Family mediation 107Sexual offences: Adult prostitution 113The use of electronic equipment in court proceedings 118Domestic partnerships 121Consolidated legislation pertaining to international co- operation in civil matters 122Assisted decision-making: Adults with impaired decision- making capacity 123Protected disclosures

PROGRAMME (Continued) 124Privacy and data protection 125Prescription periods 126Review of the rules of evidence 127 Review of administration orders 128Review of aspects of the law of divorce 129Review of aspects of matrimonial property law 130Stalking 131 Trafficking in persons 133A specific civil action in respect of consequential damages arising from hoaxes 134Administration of estates

APPOINTMENT OF RESEARCHER AND PROJECT COMMITTEE One or more researchers designated One or more researchers designated Commission determines whether Project Committee should be established Commission determines whether Project Committee should be established Guided by complexity or specialised nature; external expertise; representivity Guided by complexity or specialised nature; external expertise; representivity

ISSUE PAPERS First step in consultative process in order to secure community participation at an early stage First step in consultative process in order to secure community participation at an early stage Purpose is – Purpose is – To announce a particular investigation To announce a particular investigation Highlight the problems that have given rise to the investigation Highlight the problems that have given rise to the investigation Point to possible options for solving the problems Point to possible options for solving the problems Stimulate debate on identified issues Stimulate debate on identified issues Does not contain draft legislation Does not contain draft legislation

DISCUSSION PAPERS Comment on Issue Paper considered Comment on Issue Paper considered Further research by researcher/project committee Further research by researcher/project committee Draft Discussion Paper usually contains the following: Draft Discussion Paper usually contains the following: Exposition of the problems Exposition of the problems Existing state of the law Existing state of the law Comparative legal study Comparative legal study Possible preliminary solutions Possible preliminary solutions Proposed draft Bill in which recommendations are embodied Proposed draft Bill in which recommendations are embodied

WORKSHOPS, BRIEFINGS, FOCUS MEETINGS Method to elicit comment and stimulate debate on Issue Papers and Discussion Papers Method to elicit comment and stimulate debate on Issue Papers and Discussion Papers Acquaint interest groups and public with the Commission, its objectives and investigations Acquaint interest groups and public with the Commission, its objectives and investigations Reach the community at grassroots level Reach the community at grassroots level Focus meetings with experts Focus meetings with experts Laws rooted in effective public consultation are more likely to function effectively, and to enjoy public respect Laws rooted in effective public consultation are more likely to function effectively, and to enjoy public respect

REPORTS Comment on Discussion Paper considered Comment on Discussion Paper considered Further research by researcher/project committee Further research by researcher/project committee Draft Report contains Commission’s final recommendations and draft legislation Draft Report contains Commission’s final recommendations and draft legislation Report submitted to Minister of Justice Report submitted to Minister of Justice Tabled in Parliament Tabled in Parliament Ministerial prerogative to introduce draft legislation in Parliament Ministerial prerogative to introduce draft legislation in Parliament

ANNUAL REPORT On all activities during the year On all activities during the year Tabled in Parliament Tabled in Parliament

BULLETIN Newsletter of Commission Newsletter of Commission Widely distributed Widely distributed

INTERNET All publications of the Commission on Commission’s Website:

ASSISTANCE WITH PARLIAMENTARY PROCESS Researcher to assist on request of Portfolio Committee or Department Researcher to assist on request of Portfolio Committee or Department Researcher functionary of Department Researcher functionary of Department

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