Cape Town – Parliament wants the Ministry of Justice to make a presentation on its program to correct laws deemed defective by the Constitutional Court.
This comes after the Justice and Corrections portfolio committee was informed yesterday by the Parliamentary Legal Services Unit of the four laws deemed unconstitutional.
Parliament sometimes failed to meet the 24-month deadline set by the Constitutional Court, prompting the institution or department to table documents requesting an extension.
During yesterday’s briefing, MPs learned that the national legislature has until November 26, 2022 to fix the riot assembly law which has been challenged by EFF and Julius Malema.
It also has until December 3, 2022 to fix the law on correctional services to give the independence of the judicial inspectorate, December 17, 2022 for the law on extradition and February 3, 2024 for the regulation of the interception of communications and provision of information relating to the communication.
The Parliamentary Legal Services Unit said the department said a discussion paper had been prepared and was undergoing an informal consultation process with SAPS and the Civilian Police Secretariat as part of the drafting of a bill amending the law on riot assemblies.
A new extradition bill was approved internally to initiate a constitutional process and a bill revising the FADN Act was under review.
ANC MP Xola Nqola said he did not have much time, considering that 2022 should be the end of the whole legislative process and that they were not making progress in correcting the flaws.
“We need to get a proper program from the ministry. I propose that when Parliament meets again in August, we must already start work on these issues, ”said Nqola.
Committee chairman Bulelani Magwanishe said the briefing from the legal services unit would allow them to do the work of overseeing the department.
“When we come back, we will invite the department, so that we can have a clear agenda.”
Magwanishe said it was their promise at the start of the Sixth Legislature when they took the oath that “under our watch, we don’t want to have a situation where we don’t meet constitutional deadlines.”
“You help us be well ahead of schedule.”
He said the move would ensure that bills are processed in time to allow the National Council of Provinces to meet its deadline, and then President Cyril Ramaphosa to apply his spirit to bills passed by the National Assembly and the National Assembly. NCOP before approving them.
“He doesn’t just accept. If he has reservations that a bill interferes with the Constitution, he has the power to send that bill back to Parliament, ”Magwanishe said.
His comments came in the context of the National Assembly to consider Ramaphosa’s reservations about the constitutionality of certain bills.
On Tuesday, the National Assembly will examine its reservations on the bill amending copyright and the bill amending the protection of performers.
On Wednesday, MEPs will examine his reservations on the constitutionality of the bill amending alcoholic products.