STATUTORY LAW REVISION

1. STATUTORY LAW REVISION Presentation to Portfolio Committee on Justice and Constitutional Development 15 March 2006

2. ASPECTS DEALT WITH IN THIS PRESENTATION • The Mandate • The Ambit • The Priorities • The Methodology (2 slides) • The Research Capacity • Progress Report (3 slides) • The Budget

3. THE MANDATE Cabinet considered the investigation on 9 July 2004 and endorsed that – • Highest priority be given to reviewing legislative provisions resulting in discrimination as defined by section of the Constitution, 1996 • State Departments should participate in and contribute to the investigation.

4. THE AMBIT The review of the statute book will target – • National legislation • Provincial legislation (pre-1994) • Legislation promulgated by the former so-called independent and self-governing territories • Secondary legislation promulgated

5. THE PRIORITIES • National legislation with particular reference to discrimination as defined in section 9 of the Constitution, 1996 • An audit reflecting national legislation on the statute book since 1910 • Review of the Interpretation Act, 1957

6. THE METHODOLOGY Generally, the review of the statute book should cover the following aspects – • Identification of all statutes or provisions within statutes considered to be unconstitutional; and • rectifying such statutes or provisions • Identification of all statutes considered to be redundant or obsolete; and • repealing such statutes

7. THE METHODOLOGY (Continued) In particular – • Initial focus on discriminatory grounds listed in section 9 of the Constitution • National (primary) legislation to be targeted first • Emphasis on law revision as opposed to law reform • All Constitutional Court judgments, including those after 2001, to be analysed with view to extracting guidelines • Themes-based approached to be followed (themes provided by grounds of discrimination listed in section 9)

8. THE RESEARCH CAPACITY Internal capacity - Chief Director: Law Reform to manage investigation - Six researchers to deal with redundant or obsolete statutes - Seven researchers to deal with unconstitutional statutes or provisions within statutes External capacity - Persons and institutions with required expertise in constitutional law to be appointed for a limited duration to assist with unconstitutional provisions

9. PROGRESS REPORT Work completed: Feasibility study (undertaken in co-operation with GTZ) * Role-player interviews conducted * Constitutional Court judgments until 2001 analysed in order to develop guidelines * 16 selected statutes tested against guidelines * Comparative survey of five countries conducted

10. PROGRESS REPORT (Continued) Work completed: Obsolete or redundant provisions * Audit of national legislation since 1910 compiled (± 3 000 statutes) * State Departments consulted to identify responsibility for administering statutes * Consultation with State Departments continuing

11. PROGRESS REPORT (Continued) Work completed and in progress: Unconstitutional and discriminatory legislation * Exploratory discussions with identified experts in constitutional law held * Reports already submitted to Minister - Repeal of the Black Administration Act, 1927 - Customary law of succession - Traditional courts * Report on Domestic Partnerships to be submitted to Minister * Discussion Paper on the Review of the Interpretation Act, 1957, to be finalised soon

12. THE BUDGET • R3 Million per year • Available for next three years • Possibility of extension beyond three years

13. END