With the exception of Judge P J J Olivier who served as Vice-Chairperson of the previous Commission, all the members have been re-appointed. Judge Olivier has been requested by the Minister of Justice to head a Task Team to advise and to make recommendations on the issue of court management, case management and judicial training.
Judge Mailula whose appointment further advances race and gender representativeness, is welcomed as a new member of the Commission.
In the Discussion Paper the premise that the criminal law is not pre-eminently the means by which to combat the spread of HIV is confirmed: the AIDS epidemic is first and foremost a public health issue and it is internationally accepted that non-coercive measures are the most successful means through which public health authorities can reduce the spread of the disease. However, it is also accepted that where HIV-related behaviour results in harm to others (ie exposure to or transmission of HIV), public health measures in themselves are insufficient and the criminal law undoubtedly has a role to play in protecting the community and punishing those who transgress. The Commission is of the preliminary opinion that this limited role is not necessarily incompatible with any public health strategy against the disease.
The closing date for comment on Discussion Paper 80 was extended to 31 March 1999.
Discussion Paper 81 relates to the Commission's investigation into the adoption of an Administrative Justice Act, to give effect to the provisions of section 33 of the Constitution of 1996.
The project is an urgent one. The Constitution requires an Administrative Justice Act to be in place before 4 February 2000.
The key concept "administrative action" in the draft Bill determines its application. The intention is a wide application to public powers.
The Bill sets out the grounds on which a court may review administrative action and the procedure for written reasons for administrative action.
Courts in proceedings for review are required to grant appropriate relief, and provision is made for an "open list" of the remedies in proceedings for review.
The Bill provides procedures in terms of which organs of state make "rules" and "standards".
Two special administrative procedures, namely public enquiries and administrative investigations are recommended.
The establishment of the Administrative Review Council is recommended.
The Commission is presently planning regional workshops (on its preliminary recommendations on administrative justice) which will be hosted in Pretoria on 8/6/99, Durban on 9/6/99, East London on 10/6/99 and Cape Town on 11/6/99.
The closing date for comments on Discussion Paper 81 was 31 March 1999.
Due to Parliamentary time constraints, a draft Domestic Violence Bill emanating from the Project Committee on Domestic Violence was introduced in Parliament by the Minister of Justice prior to finalisation of the Commission's report. The Domestic Violence Act 116 of 1998 largely corresponds to the Bill drafted by the Project Committee, but it also contains provisions advanced by the Commission and developed by the Justice Portfolio Committee with the assistance of the Commission's researcher and the Department of Justice.
The main aim of a report was to initiate legislation.
Because legislation had already been enacted, the costs to publish a report could not be justified.
The Commission, however, agreed that the report contained valuable research which could be made available to interested persons and institutions. It was subsequently decided to adapt the report and to make it available as a Research Paper in the Commission's research series. (The Research Paper is already available on the Internet.
The Discussion Papers and Research Paper are obtainable free of charge from the Commission on request.
In the December 1998 Bulletin it was reported that Discussion Paper 79 on Juvenile Justice was published for general information and comment.
The Portfolio Committees of Social Welfare and Justice were briefed on 10 February 1999 and 24 February 1999 respectively. The Juvenile Justice project committee held a joint briefing for the Portfolio Committees on Safety and Security and Correctional Services on 10 March 1999. A briefing was also held on 1 April 1999 at the Durban Magistrate's Court. A workshop with the Department of Welfare is due to take place on 29 May 1999.
In the draft Bill three options on the minimum age of criminal capacity are presented. In an attempt to resolve the crucial issue of the setting of a minimum age of criminal capacity, the project committee, together with the Centre for Child Law at the University of Pretoria, will be presenting a seminar on 5 and 6 May 1999.
The Commission follows the practice of instituting project committees consisting of experts to assist with investigations and to advise the Commission if a specific investigation in the Commission's programme so requires. In recommending persons to the Minister for appointment, the Commission strives to ensure representativeness of population make-up.
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