Cabinet
Cabinet has approved the Sheriffs Amendment Bill for tabling in Parliament at its latest meeting in Cape Town.
According to the cabinet statement, the bill seeks to address certain challenges within the sheriff’s profession.
In the main, these challenges revolved around the functioning and composition of the South African Board for Sheriffs as well as the way in which the profession operates.
Entry into the sheriff’s profession is also an issue that the bill aims to address.
Cabinet also approved the Judicial Matters First Amendment Bill for tabling in Parliament.
The proposed legislation aims to amend a number of key pieces of legislation.
Included in the list is:
• The Special Investigating Units (SIU) and Special Tribunal Act
• National Prosecuting Authority Act
In terms of the Special Investigating Units and Special Tribunal Act, the bill seeks to further regulate the “litigation functions” of the SIU.
It also aims to provide for the secondment function of the SIU and empower the SIU to ensure that fees are paid.
The bill will also provide for funding of the SIU.
As regards the National Prosecuting Authority (NPA) act, the proposed legislation aims to remove the requirement for the justice and constitutional development minister to consult with the national director of public prosecutions, the public service and administration minister and the finance minister when deciding on salary increases for deputy directors within public prosecutions as well as prosecutors.
The bill also intends bringing about the appointment, continued employment and conditions of service of financial investigators and analysts within the NPA.
Cabinet also agreed that a research institution will be appointed to assess transformation within the judicial system.
The research will also focus on the role of the judiciary in a developmental state.
In particular, it is intended for the research to look at the impact of constitutional court decisions on the lives of ordinary citizens.
The way in which these decisions have influenced socio-economic transformation and law reform will also be considered.
The statement stresses that the assessment is to focus on three issues:
• Ensure that the judiciary adheres to the transformation mandate
• Access to justice throughout the system
• Affirm the independence of the judiciary together with the executive and Parliament
Affirmation of the independence of the three branches of government is to be carried out “with a view to promoting interdependence and interface that is necessary to realise transformation goals envisaged by the Constitution”.
Cabinet also agreed that:
• The judicial education institute be used to drive transformation
• Efficiency and integrity of the judicial service commission and the magistrates commission be enhanced in terms of transformation
• An appropriate framework be established to monitor implementation of court decisions by departments
• Research capacity within the South African Law Reform Commission and the rules board of law be reviewed.
Sabinet Cape Town Office
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