FUNCTIONING AND POLICIES OF THE SOUTH AFRICAN LAW COMMISSION

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FUNCTIONING AND POLICIES OF THE SOUTH AFRICAN LAW
REFORM COMMISSION
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ESTABLISHMENT OF THE COMMISSION

• South African Law Reform Commission Act 19 of
  1973 (The Act)
• The Commissions working methods are intended to
  promote law reform in terms of its enabling
  statute

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OBJECTS OF THE COMMISSION

• Research with reference to all branches of the
  law
• Study and investigate all branches in order to
  make recommendations for the
• Development
• Improvement
• Modernization
• Reform

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COMPOSITION OF THE COMMISSION

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

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WORKING COMMITTEE

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

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PROJECT COMMITTEES

• 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
• Project Committee must include at least one
  member of the Commission

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SECRETARIAT

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

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INITIATION AND INCLUSION OF LAW REFORM PROPOSALS

• Submission to the Commission of a law reform
  proposal - any person or institution
• Considered by Working Committee
• Recommended that Minister include in Commissions
  programme
• Priority rating assigned

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PROGRAMME OF COMMISSION

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

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PROGRAMME (Continued)

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

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APPOINTMENT OF RESEARCHER AND PROJECT COMMITTEE

• One or more researchers designated
• Commission determines whether Project Committee
  should be established
• Guided by complexity or specialised nature
  external expertise representivity

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ISSUE PAPERS

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

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DISCUSSION PAPERS

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

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WORKSHOPS, BRIEFINGS, FOCUS MEETINGS

• 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
• Reach the community at grassroots level
• Focus meetings with experts
• Laws rooted in effective public consultation are
  more likely to function effectively, and to enjoy
  public respect

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REPORTS

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

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ANNUAL REPORT

• On all activities during the year
• Tabled in Parliament

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BULLETIN

• Newsletter of Commission
• Widely distributed

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INTERNET

• All publications of the Commission on
  Commissions Website
• www.doj.gov.za/salrc/index.htm

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ASSISTANCE WITH PARLIAMENTARY PROCESS

• Researcher to assist on request of Portfolio
  Committee or Department
• Researcher functionary of Department

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