Draft International Crimes Bill on Track

Department of Justice and Constitutional Development

The Draft International Crimes Bill is heading for parliament.

The justice and constitutional development department published the draft bill’s explanatory summary in Government Gazette 41309.

The draft bill seeks to:
•    criminalise conduct constituting international crimes;
•    regulate immunity from the prosecution of international crimes;
•    grant extra-territorial jurisdiction to the courts in respect of international crimes;
•    regulate the investigation and prosecution of allegations of international crimes;
•    provide for the extradition of persons accused or convicted of international crimes to foreign states;
•    provide for the surrender of persons accused or convicted of international crimes to entities;
•    provide for cooperation with entities in respect of international crimes;
•    repeal the Implementation of the Rome Statute of the International Criminal Court Act, 2002;
•    amend the Prevention and Combating of Torture of Persons Act, 2013, so as to confirm immunity for certain persons from prosecution in respect of the crime of torture; and
•    provide for matters connected therewith.

Cabinet approved the draft bill last week.

In a recent address to the Sixteenth Session of the Assembly of States Parties of the International Criminal Court in New York, the justice and correctional services minister, Michael Masutha, declared that the draft bill aims to remove legal uncertainty regarding South Africa’s international obligations under both domestic and international law.

“The Bill repeals the current Rome Statute implementation Act and enacts international crimes similar to those in the Rome Statute. The new legislation will grant extra-territorial jurisdiction to our courts and proposes continued cooperation with other States and international bodies, including the ICC.”

The draft bill will be tabled in parliament soon.

It is not yet available.

Meanwhile, the presidency recently published, in Government Gazette 41313, adjusted salary scales for magistrates.

Effective from 1 April 2017, special grade chief magistrates earned R1 381 647 while magistrates received R934 277.

In Gazette 41314, salary packages for constitutional court judges and judges were set down.

The chief justice earned R2 825 470 effective from 1 April 2017 while high court judges were paid R1 836 572.

Sabinet Cape Town Office

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