1. STATUTORY LAW REVISION Presentation to Portfolio Committee on Justice and Constitutional Development 15 March 2006

2. ASPECTS DEALT WITH IN THIS PRESENTATION The Mandate The Ambit The Priorities The Methodology (2 slides) The Research Capacity Progress Report (3 slides) The Budget

3. THE MANDATE Cabinet considered the investigation on 9 July 2004 and endorsed that – Highest priority be given to reviewing legislative provisions resulting in discrimination as defined by section of the Constitution, 1996 State Departments should participate in and contribute to the investigation.

4. THE AMBIT The review of the statute book will target – National legislation Provincial legislation (pre-1994) Legislation promulgated by the former so-called independent and self-governing territories Secondary legislation promulgated

5. THE PRIORITIES National legislation with particular reference to discrimination as defined in section 9 of the Constitution, 1996 An audit reflecting national legislation on the statute book since 1910 Review of the Interpretation Act, 1957

6. THE METHODOLOGY Generally, the review of the statute book should cover the following aspects – Identification of all statutes or provisions within statutes considered to be unconstitutional; and  rectifying such statutes or provisions Identification of all statutes considered to be redundant or obsolete; and  repealing such statutes

7. THE METHODOLOGY (Continued) In particular – Initial focus on discriminatory grounds listed in section 9 of the Constitution National (primary) legislation to be targeted first Emphasis on law revision as opposed to law reform All Constitutional Court judgments, including those after 2001, to be analysed with view to extracting guidelines Themes-based approached to be followed (themes provided by grounds of discrimination listed in section 9)

8. THE RESEARCH CAPACITY Internal capacity -Chief Director: Law Reform to manage investigation -Six researchers to deal with redundant or obsolete statutes -Seven researchers to deal with unconstitutional statutes or provisions within statutes External capacity -Persons and institutions with required expertise in constitutional law to be appointed for a limited duration to assist with unconstitutional provisions

9. PROGRESS REPORT Work completed: Feasibility study (undertaken in co-operation with GTZ) *Role-player interviews conducted *Constitutional Court judgments until 2001 analysed in order to develop guidelines *16 selected statutes tested against guidelines *Comparative survey of five countries conducted

10. PROGRESS REPORT (Continued) Work completed: Obsolete or redundant provisions *Audit of national legislation since 1910 compiled (± 3 000 statutes) *State Departments consulted to identify responsibility for administering statutes *Consultation with State Departments continuing

11. PROGRESS REPORT (Continued) Work completed and in progress: Unconstitutional and discriminatory legislation *Exploratory discussions with identified experts in constitutional law held *Reports already submitted to Minister - Repeal of the Black Administration Act, 1927 - Customary law of succession - Traditional courts *Report on Domestic Partnerships to be submitted to Minister *Discussion Paper on the Review of the Interpretation Act, 1957, to be finalised soon

12. THE BUDGET R3 Million per year Available for next three years Possibility of extension beyond three years

13. END