OWN CORRESPONDENT, Cape Town | Thursday 9.00pm.
THREE important pieces of legislation brought forward by the South African Department of Justice were approved by the National Council of Provinces on Thursday.
The bills related to witness protection, give more powers to the Public Protector and stipulate conditions under which children below the age of 18 can be detained.
The Witness Protection Bill is the first of its kind in South Africa. With its passing a Witness Protections Directorate will be set up in the Department of Justice.
Justice Minister Dullah Omar said it is a well known fact that without the evidence of witnesses the criminal justice system would collapse. In the past many prosecution cases failed because witnesses were intimidated against giving evidence.
The second bill aims to create a balance between the conditions under which children under the age of 18 can be detained when they pose a threat to others.
Previously, no child under the age of 18 could be detained. The amendments recognise that a child under 18 can pose a danger to society and therefore lays down the conditions under which the child can be detained. But it does so in a manner in which the best interests of the child are always taken into account.
The Public Protector Amendment Bill allows for “preliminary investigations” to be undertaken by the Public Protector’s Office since “there is confusion amongst senior officials of government agencies when an investigation is actually started in terms of the act”.
The amendment allows for the appointment of a deputy public protector. It also allows the Public Protector entry of premises for investigation purposes.