Land Court Bill: tagging & deliberations; Repeal of the Transkeian Penal Code Bill: DoJ&CD briefing

NCOP Security and Justice

22 March 2023
Chairperson: Ms S Shaikh (ANC, Limpopo)
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Meeting Summary

Video

The Select Committee on Security and Justice met on a virtual platform to receive a briefing from the Department of Justice and Constitutional Development on the Repeal of the Transkeian Penal Code Bill [B34- 2022]. The Bill aimed to repeal the last piece of apartheid legislation in South Africa, which directly contradicts the common criminal law that operates in the rest of the country.

The Committee was concerned that the Department took so long to bring this repeal bill before Parliament. The Committee would now advertise the Bill for public comments before deliberating on it further.

The Select Committee was then briefed by the Parliamentary Legal Advisor on the correct tagging of the Land Court Bill. The briefing emanated from a public submission that questioned whether the Bill should be tagged as a s76 Bill as land claims might affect provinces. It was confirmed the Bill was correctly tagged as a 75 Bill.

The Department also addressed the question of why clause 29, which appeared in the A list of the Bill, did not appear in the B version. This would be addressed and all amendments to the Land Court Bill will be incorporated into a working document for the Committee’s further consideration.

Meeting report

The Chairperson greeted Members on the platform and indicated that the meeting had started.

The Committee noted the apology submitted by Mr R Badenhorst (DA, Western Cape).

Briefing by the Department of Justice and Constitutional Development on the Repeal of the Transkeian Penal Code Bill [B34- 2022] (National Assembly – S75)

Ms A Botha, Legal Advisor, Department of Justice and Constitutional Development, indicated that the Bill before the Committee was to deal with a piece of legislation left over by the apartheid regime. The purpose of the Bill was to erase that legislation by repealing it. The Bill emanated from the former Transkei when the then apartheid government had granted sham independent status to the area in 1976. The Bill was introduced in 1983 and is still in full force in the area, although the former Transkei has ceased to exist. The Bill has no implications for other Provinces, except for the repeal of the Code in the former Transkei (falling within the geographical area of the Province of the Eastern Cape).

See attached for details of the to-be-repealed Transkei penal code and clauses of the Repeal Bill

Discussion

The Chairperson commented that the Repeal of the Transkeian Penal Code Bill is in direct conflict with the common criminal law which operates in the rest of the country. Hence, this piece of apartheid legislation should be removed without a doubt.

The Chairperson wondered why it took the Department so long to introduce the Bill to Parliament, given that the former Transkei area had been incorporated into the Republic more than two decades ago.

Response

Ms Botha explained that since she was a new recruit, she could not give the Chairperson a response on why it took the Department so long. What she did know was that the Department had been working on the Bill a while back.

Adv Tsietsi Sebelemetja, DoJ  & CD, replied to the Chairperson that he only joined the Department in 2021. To his knowledge, those officials who had worked on the Bill are now all retired.

The Chairperson remarked that the introduction of the Bill was the beginning of the process. Since the Bill has now reached Parliament, the Committee can now put the Bill out for public comment. The Committee would also deliberate on the Bill further.

The Chairperson then reminded the Department that it still needed to respond to the outstanding question from last week’s meeting. The question was why clause 29, which appeared in the A list of the Bill, did not appear in the B version [this was in reference to the Land Court Bill].

She said hopefully the Department would be able to answer the question after the parliamentary Legal Advisor’s briefing on the tagging of the Land Court Bill.

Briefing by the Parliamentary Legal Advisor on the tagging of the Land Court Bill

Dr Barbara Loots, Parliamentary Legal Advisor, concurred with the Department’s Legal Advisor that the Bill is correctly tagged as a s75 Bill.

Please see the legal opinion attached

Discussion

The Chairperson noted the explanation of the parliamentary Legal Advisor on the tagging of the Bill. It aligns with the legal opinion the Committee received from the State Law Advisor.

The Chairperson reminded Mr Mokulubete to respond to her question on clause 29.

Mr Makubela Mokulubete, Legal Advisor, DoJ&CD, apologised to the Committee and acknowledged that it was an error that clause 29, contained in the A list, did not find its way into the B Bill that was before this Committee. He assured the Committee that the provision was being incorporated but also pointed out that the clause would be amended further.

There was no further comment from Members.

The Chairperson suggested the Department put all the proposed amendments into a working document for further discussion.

Mr G Michalakis (DA, Free State) said that the Committee must also keep in mind that Members will still have to go to their caucuses on some of the amendments. Committee Members would need sufficient time to communicate with their caucuses before they could vote.

The Chairperson noted his concern.

The Chairperson adjourned the meeting.

Audio

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