Issued by: The Department of Justice
MEDIA STATEMENT BY THE DEPARTMENT OF JUSTICE IN REGARD TO THE JUSTICE LAWS RATIONALISATION BILL 1996
The Justice Laws Rationalisation Bill, 1996, which was unanimously approved by the National Assembly on 7 March 1996, provides for the rationalisation of 775 laws by extending the scope of one uniform set of laws so as to be applicable throughout the national territory, and repealing those which would consequently be redundant. Background to this extremely important piece of legislation is as follows:
- The former TBVC states and self-governing territories "inherited" laws regarding judicial matters at the time they obtained legislative powers. After having obtained such legislative powers, some of these territories amended or repealed the "inherited" laws. They also enacted their own laws in certain instances.
- Section 229 of the Constitution of the Republic of South Africa, 1993, provides that all laws which immediately before the commencement of the Constitution were in force in any area which forms part of the national territory, shall continue in force in such area, subject to any repeal or amendment of such laws by a competent authority. The result is that at present eleven different sets of laws regarding judicial matters are in force in the national territory. This creates a need for a uniform set of laws regarding judicial matters.
The Department of Justice Legislation Division in consultation with the Rationalisation Committee (who represent all the former areas) therefore had to draft a single act in order to bring about legal certainty and uniform laws regarding the administration of justice. This meant that 775 different laws had to be scrutinised section by section, which proved to be extremely taxing and time consuming, given the limited available manpower. However, the end result is the Justice Laws Rationalisation Bill, 1996 which was passed with acclamation and thanks to the Department by the National Assembly.
"It establishes uniformity and creates a situation where all people will be treated equally before the law", Justice Minister Dulla Omar stated.
ISSUED IN PRETORIA BY THE CHIEF LIAISON OFFICER : DEPARTMENT OF JUSTICE
PRETORIA 7 MARCH 1995
Enquiries: Pieter du Rand Chief Liaison Officer: Department of Justice Tel: (012) 3239302 Fax: (012) 218291