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FUNCTIONING AND POLICIES OF

THE SOUTH AFRICAN LAW


REFORM COMMISSION

ESTABLISHMENT OF THE
COMMISSION
South

African Law Reform


Commission Act 19 of 1973
(The Act)

The

Commissions working
methods are intended to
promote law reform in terms of
its enabling statute

OBJECTS OF THE COMMISSION

Research with reference to all branches


of the law

Study and investigate all branches in


order to make recommendations for the

Development

Improvement

Modernization

Reform

COMPOSITION OF THE
COMMISSION

Appointed by President for not more


than five years

Judge as Chairperson

Not more than eight persons fit for


appointment

Not more than three full-time members

One or more additional members

WORKING COMMITTEE

Consists of members of the Commission only

Is the executive committee of the Commission

Attends to routine matters and matters


requiring urgent attention

Considers the inclusion of new investigations in


the Commissions program

Approves Issue Papers and Discussion Papers


but NOT Reports

PROJECT COMMITTEES

Consists of members of the Commission


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

Consists of experts to assist with


investigations and to advise the
Commission

Project Committee must include at least


one member of the Commission

SECRETARIAT

Full-time officials on the


establishment of the Department
of Justice

Secretary (Chief Director)

Assistant Secretary

19 Researchers

Administrative component

INITIATION AND INCLUSION OF


LAW REFORM PROPOSALS

Submission to the Commission of a


law reform proposal - any person or
institution

Considered by Working Committee

Recommended that Minister include


in Commissions programme

Priority rating assigned

PROGRAMME OF COMMISSION
25
94
107
113
118
121

Revision of the statute book


Arbitration: Family mediation
Sexual offences: Adult prostitution
The use of electronic equipment in court proceedings
Domestic partnerships
Consolidated legislation pertaining to international cooperation in civil matters
122
Assisted decision-making: Adults with impaired
decision- making capacity
123
Protected disclosures

PROGRAMME (Continued)
124
Privacy and data protection
125
Prescription periods
126
Review of the rules of evidence
127
Review of administration orders
128
Review of aspects of the law of divorce
129
Review of aspects of matrimonial property law
130
Stalking
131
Trafficking in persons
133
A specific civil action in respect of consequential
damages arising from hoaxes
134
Administration of estates

APPOINTMENT OF
RESEARCHER AND PROJECT
COMMITTEE

One or more researchers designated

Commission determines whether


Project Committee should be
established

Guided by complexity or specialised


nature; external expertise;
representivity

ISSUE PAPERS

First step in consultative process in order to


secure community participation at an early
stage
Purpose is

To announce a particular investigation

Highlight the problems that have given rise to


the investigation

Point to possible options for solving the problems

Stimulate debate on identified issues

Does not contain draft legislation

DISCUSSION PAPERS

Comment on Issue Paper considered

Further research by researcher/project


committee

Draft Discussion Paper usually contains the


following:

Exposition of the problems

Existing state of the law

Comparative legal study

Possible preliminary solutions

Proposed draft Bill in which recommendations are


embodied

WORKSHOPS, BRIEFINGS,
FOCUS MEETINGS

Method to elicit comment and stimulate


debate on Issue Papers and Discussion
Papers

Acquaint interest groups and public with the


Commission, its objectives and investigations

Reach the community at grassroots level

Focus meetings with experts

Laws rooted in effective public consultation


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

REPORTS

Comment on Discussion Paper considered

Further research by researcher/project


committee

Draft Report contains Commissions final


recommendations and draft legislation

Report submitted to Minister of Justice

Tabled in Parliament

Ministerial prerogative to introduce draft


legislation in Parliament

ANNUAL REPORT

On

all activities during the


year

Tabled

in Parliament

BULLETIN

Newsletter
Widely

of Commission

distributed

INTERNET
All publications of the Commission on
Commissions Website:
www.doj.gov.za/salrc/index.htm

ASSISTANCE WITH
PARLIAMENTARY PROCESS
Researcher

to assist on
request of Portfolio
Committee or Department

Researcher

functionary of
Department

END