FUNCTIONING AND POLICIES FUNCTIONING AND POLICIES OF THE SOUTH AFRICAN LAW OF THE SOUTH AFRICAN LAW

REFORM COMMISSIONREFORM COMMISSION

ESTABLISHMENT OF THE ESTABLISHMENT OF THE COMMISSIONCOMMISSION

South African Law Reform South African Law Reform Commission Act 19 of 1973 Commission Act 19 of 1973 (The Act)(The Act)

The Commission’s working The Commission’s working methods are intended to methods are intended to promote law reform in terms promote law reform in terms of its enabling statuteof its enabling statute

OBJECTS OF THE COMMISSIONOBJECTS OF THE COMMISSION

Research with reference to all branches Research with reference to all branches of the lawof the law

Study and investigate all branches in Study and investigate all branches in order to make recommendations for the order to make recommendations for the –– DevelopmentDevelopment ImprovementImprovement ModernizationModernization ReformReform

COMPOSITION OF THE COMPOSITION OF THE COMMISSIONCOMMISSION

Appointed by President for not more Appointed by President for not more than five yearsthan five years

Judge as ChairpersonJudge as Chairperson

Not more than eight persons fit for Not more than eight persons fit for appointmentappointment

Not more than three full-time Not more than three full-time membersmembers

One or more additional membersOne or more additional members

WORKING COMMITTEEWORKING COMMITTEE

Consists of members of the Commission onlyConsists of members of the Commission only

Is the executive committee of the CommissionIs the executive committee of the Commission Attends to routine matters and matters Attends to routine matters and matters

requiring urgent attentionrequiring urgent attention Considers the inclusion of new investigations Considers the inclusion of new investigations

in the Commission’s programin the Commission’s program Approves Issue Papers and Discussion Papers Approves Issue Papers and Discussion Papers

but NOT Reportsbut NOT Reports

PROJECT COMMITTEESPROJECT COMMITTEES

Consists of members of the Consists of members of the Commission and persons who are not Commission and persons who are not members of the Commission members of the Commission appointed by the Ministerappointed by the Minister

Consists of experts to assist with Consists of experts to assist with investigations and to advise the investigations and to advise the CommissionCommission

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

SECRETARIATSECRETARIAT

Full-time officials on the Full-time officials on the establishment of the Department establishment of the Department of Justiceof Justice

Secretary (Chief Director)Secretary (Chief Director) Assistant SecretaryAssistant Secretary 19 Researchers19 Researchers Administrative componentAdministrative component

INITIATION AND INCLUSION OF INITIATION AND INCLUSION OF LAW REFORM PROPOSALSLAW REFORM PROPOSALS

Submission to the Commission of a Submission to the Commission of a law reform proposal - any person or law reform proposal - any person or institutioninstitution

Considered by Working CommitteeConsidered by Working Committee Recommended that Minister include Recommended that Minister include

in Commission’s programmein Commission’s programme Priority rating assignedPriority rating assigned

PROGRAMME OF COMMISSIONPROGRAMME OF COMMISSION

2525 Revision of the statute bookRevision of the statute book

9494 Arbitration: Family mediationArbitration: Family mediation

107107 Sexual offences: Adult prostitutionSexual offences: Adult prostitution

113113 The use of electronic equipment in court The use of electronic equipment in court proceedingsproceedings

118118 Domestic partnershipsDomestic partnerships

121121 Consolidated legislation pertaining to international Consolidated legislation pertaining to international co-co- operation in civil mattersoperation in civil matters

122122 Assisted decision-making: Adults with impaired Assisted decision-making: Adults with impaired decision-decision- making capacitymaking capacity

123123 Protected disclosuresProtected disclosures

PROGRAMME (Continued)PROGRAMME (Continued)

124124 Privacy and data protectionPrivacy and data protection

125125 Prescription periodsPrescription periods

126126 Review of the rules of evidenceReview of the rules of evidence

127 127 Review of administration ordersReview of administration orders

128128 Review of aspects of the law of divorceReview of aspects of the law of divorce

129129 Review of aspects of matrimonial property lawReview of aspects of matrimonial property law

130130 StalkingStalking

131 131 Trafficking in personsTrafficking in persons

133133 A specific civil action in respect of consequential A specific civil action in respect of consequential damages damages arising from hoaxesarising from hoaxes

134134 Administration of estatesAdministration of estates

APPOINTMENT OF APPOINTMENT OF RESEARCHER AND PROJECT RESEARCHER AND PROJECT

COMMITTEECOMMITTEE

One or more researchers designatedOne or more researchers designated

Commission determines whether Commission determines whether Project Committee should be Project Committee should be establishedestablished

Guided by complexity or specialised Guided by complexity or specialised nature; external expertise; nature; external expertise; representivityrepresentivity

ISSUE PAPERSISSUE PAPERS

First step in consultative process in order to First step in consultative process in order to secure community participation at an early secure community participation at an early stagestage

Purpose is –Purpose is – To announce a particular investigationTo announce a particular investigation Highlight the problems that have given rise to Highlight the problems that have given rise to

the investigationthe investigation Point to possible options for solving the problemsPoint to possible options for solving the problems Stimulate debate on identified issuesStimulate debate on identified issues

Does not contain draft legislationDoes not contain draft legislation

DISCUSSION PAPERSDISCUSSION PAPERS Comment on Issue Paper consideredComment on Issue Paper considered Further research by researcher/project Further research by researcher/project

committeecommittee Draft Discussion Paper usually contains the Draft Discussion Paper usually contains the

following:following: Exposition of the problemsExposition of the problems Existing state of the lawExisting state of the law Comparative legal studyComparative legal study Possible preliminary solutionsPossible preliminary solutions Proposed draft Bill in which recommendations are Proposed draft Bill in which recommendations are

embodiedembodied

WORKSHOPS, BRIEFINGS, WORKSHOPS, BRIEFINGS, FOCUS MEETINGSFOCUS MEETINGS

Method to elicit comment and stimulate Method to elicit comment and stimulate debate on Issue Papers and Discussion debate on Issue Papers and Discussion PapersPapers

Acquaint interest groups and public with the Acquaint interest groups and public with the Commission, its objectives and investigationsCommission, its objectives and investigations

Reach the community at grassroots levelReach the community at grassroots level Focus meetings with expertsFocus meetings with experts Laws rooted in effective public consultation Laws rooted in effective public consultation

are more likely to function effectively, and to are more likely to function effectively, and to enjoy public respectenjoy public respect

REPORTSREPORTS

Comment on Discussion Paper consideredComment on Discussion Paper considered Further research by researcher/project Further research by researcher/project

committeecommittee Draft Report contains Commission’s final Draft Report contains Commission’s final

recommendations and draft legislationrecommendations and draft legislation Report submitted to Minister of JusticeReport submitted to Minister of Justice Tabled in ParliamentTabled in Parliament Ministerial prerogative to introduce draft Ministerial prerogative to introduce draft

legislation in Parliamentlegislation in Parliament

ANNUAL REPORTANNUAL REPORT

On all activities during the On all activities during the yearyear

Tabled in ParliamentTabled in Parliament

BULLETINBULLETIN

Newsletter of CommissionNewsletter of Commission

Widely distributedWidely distributed

INTERNETINTERNET

All publications of the Commission on All publications of the Commission on Commission’s Website:Commission’s Website:

www.doj.gov.za/salrc/index.htmwww.doj.gov.za/salrc/index.htm

ASSISTANCE WITH ASSISTANCE WITH PARLIAMENTARY PROCESSPARLIAMENTARY PROCESS

Researcher to assist on Researcher to assist on request of Portfolio request of Portfolio Committee or DepartmentCommittee or Department

Researcher functionary of Researcher functionary of DepartmentDepartment

ENDEND