Hon Chairperson, it is unusual for a portfolio committee to present a Bill to this House, and I do so on behalf of the Portfolio Committee on Justice and Development. One of the first questions that needs to be answered when a Bill is tabled is why we need that piece of legislation.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill is a committee Bill and deals with our courts and gender- based violence. The Bill seeks to insert a new section in the Sexual Offences Act that will confer upon the Minister the power to designate any court as a court dedicated for the purposes of the trial of any person or other proceedings arising from the alleged commission of sexual offences which he or she may only exercise in consultation with the prosecution and the judiciary.
The proposed new section also regulates the area of jurisdiction of a court so designated. The power is given to the Minister to increase or decrease that area of a magistrate's court that has been so designated. However, the Bill also makes clear that all our courts can continue to deal with these matters in the normal course if there is no need for a dedicated court and designation.
The committee understands that the Bill will have substantial financial implications for the departments involved in the criminal justice system. It is important to note, however, that the Sexual Offences Courts will only be designated once the necessary funding has been acquired to put in place specified infrastructure, sufficient court personnel have been appointed and trained and professional multidisciplinary services for victims of these offences are available.
The portfolio committee is of the firm view that this Bill must be dealt with in accordance with the procedure established by section 75 of our Constitution. The portfolio committee is also of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders. We therefore request the permission of the NA in terms of Rule 230(1) of the NA Rules to introduce the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill to this House.
We have consulted with both the hon Minister and his department and they have given this initiative their blessing. We therefore ask this House to do the same.
There was no debate.
Chairperson, I move on behalf of the Chief Whip of the Majority Party:
That the House, in terms of Rule 238(3), give permission that the legislative proposal be proceeded with.
Motion agreed to.
Permission accordingly given to the Committee to proceed with the legislative proposal.