Cape Town - The Department of Justice and Constitutional Development will this year finalise four Bills which aim to increase access to justice and strengthen crime combating efforts, among others.
"The department intends finalizing four very important outstanding pieces of legislation this year.
"These are the Traditional Courts Bill, the Criminal Law (Forensic Procedures) Amendment Bill and the Superior Courts Bill, together with a Constitutional Amendment Bill," said the Minister of Justice, Jeff Radebe.
He was speaking at a press briefing ahead of his Budget Vote in Parliament on Wednesday.
The Criminal Law (Forensic Procedures) Amendment Bill will be dealt with as a matter of urgency, said minister Radebe.
"The Bill, which is intended to strengthen the criminal forensic investigation powers of the police by broadening the fingerprint database of the police and by establishing a DNA database, was not finalized during the last sitting of the previous Parliament."
Despite the number of government departments which administer databases containing fingerprints, the South African Police Services (SAPS) currently has only had access to the fingerprints stored on the SAPS AFIS system.
This is due to legal and information technology reasons.
Police investigators do not have access to the HANIS system of the Department of Home Affairs, where the fingerprints of 31 million citizens and about 2.5 million foreign nationals are kept. They also cannot access information from the Department of Transport's E-NATIS system, where the information and thumbprints of 6 million people is located.
As a result, in a large proportion of cases, the perpetrators remained undetected.
The Criminal Law Amendment Bill will also help address South African legislation regarding fingerprinting, which is not conducive to investigations regarding possible criminals. The current Criminal Procedure Act does not make the taking of fingerprints compulsory, even in instances where a person has been convicted of an offence.
Deputy Minister of Justice, Johnny de Lange, drafted the amendments to the Act in December last year.
The Traditional Courts Bill is intended to regulate anew the role and functions of traditional leaders in the administration of justice in accordance with the Constitutional imperatives.
The Bill deals with civil and criminal jurisdiction of traditional leaders and will go a long way in facilitating the contribution of traditional authorities in the criminal justice system. Government has identified traditional leaders as agents of social cohesion through initiatives that encourage communities to share common moral values and a development agenda
"In finalising the Bill, extensive work is required by the department, which is represented on a subcommittee appointed by the Portfolio Committee on Justice and Constitutional Development, consisting of representatives of various groups."
The minister said that this Bill would ensure improved access to justice for South Africans, which is a key priority for the department.
The Superior Courts Bill, together with the accompanying Constitutional Amendment Bill, will be dealt with during the next year too.
The former Bill provides for the rationalization of the structure and functioning of South Africa's Superior Courts, as contemplated in the Constitution.
"It has been introduced into Parliament and is presently before the Portfolio Committee on Justice and Constitutional Development. This Bill is dependent on the introduction and content of an accompanying Constutional Amendment Bill. These Bills will be proceeded with after the finalization of the policy framework on the transformation of the judiciary.
The minister said that the department would be introducing a further five Bills in Parliament.
A total of 15 Bills, relating to criminal matters were passed by Parliament, in the previous term.
The most notable of the legislation passed include legislation relating to the abolition of floor-crossing, the re-incorporation of the Merafong City Local Municipality into the province of Gauteng; amendments to the legislation providing for the disbanding of the Scorpions and the reform of the law relating to customary law of succession, which now provides for the protection of women and children in customary unions.
Another significant achievement was the passing of the Child Justice Act which gives effect to the creation of a separate criminal justice system for children in trouble with the law.
