NPA AND RICA AMENDMENT BILLS: PARLIAMENTARY COMMITTEE BEMOANS LIMITED PROCESSING TIME

Members of the National Assembly’s Justice & Correctional Services Committee are reported to have expressing frustration at the limited amount of time available for processing two key Bills:

  • the Regulation of Interception of Communications & Provision of Communication-related Information (RICA) Amendment Bill (tabled on 29 August 2023), and
  • the National Prosecuting Authority (NPA) Amendment Bill (tabled on 5 September 2023).

During a meeting on 8 September 2023, when committee members were briefed on both Bills, delays in drafting and tabling the RICA Amendment Bill were blamed on a shortage of appropriately experienced and skilled staff. In that regard, the statement refers to observations from Justice & Constitutional Development Deputy Minister John Jeffery and the department’s Deputy Director-General, Kallay Pillay.

Apparently, staff tasked with drafting the legislation became ill during the Covid-19 pandemic – with one unfortunately passing away. As things now stand:

  • ‘90% of staff in the legislation drafting unit are new officials appointed in the last two years’, and
  • one staff member is expected to retire at the end of year, when
  • there will be ‘only one official with more than eight years’ service’.

Committee chair Bulelani Magwanishe is concerned that – given the Constitutional Court deadline for remedying defects in the RICA – neither the National Assembly nor the NCOP parliamentary committee processing the amendment Bill will be able to properly discharge its constitutional responsibilities.

Please click the links below to access the documents, along with an SA Legal Academy report on each Bill.

Published by SA Legal Academy Policy Watch

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