Special Investigating Units and Special Tribunals Amendment Act [No. 2 of 2001]
REPUBLIC OF SOUTH AFRICA
Vol. 430 Cape Town 20 April 2001 No. 22238
THE PRESIDENCY No. 353 20 April 2001
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 2 of 2001: Special Investigating Units and Special Tribunals Amendment Act, 2001.
2 No. 22238 GOVERNMENT GAZElTE, 20 APRIL 2001
Act No. 2,2001 SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS AMENDMf3T ACT, 200 1
GENERAL EXPLANATORY NOTE:
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to ;I1 April 2001 .) -
ACT To amend the Special Investigating Units and Special Tribunals Act, 1996, so as to bring the appointment of the Head of a Special Investigating Unit into line with a judgment of the Constitutional Court, to empower the President to appoint a person as Acting Head of a Special Investigating Unit in the absence of the Head of a Special Investigating Unit; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
Amendment of section 3 of Act 74 of 1996
1. Section 3 of the Special Investigating Units and Special Tribunals Act, 1996 (hereinafter referred to as the principal Act), is hereby amended by the substitution- 5
(a) for subsection (1) of the following subsection: “( 1) (uJ The President must appoint a ljudge or acting judge of the
Supreme Court of South Africa, as] person who is a South African citizen and who, with due regard to his or her experience, conscientious- ness and integrity, is a fit and proper person to be entrusted with the 10 responsibilities of that office, as the head of a Special Investigating Unit established by (him or her] the Resident.
(b) If the office of Head of a Special Investigating Unit is vacant, or if the Head of such Unit is for any reason not available, the President may appoint any person meeting the requirements referred to 15 in paragraph (a) as the Acting Head of such Unit for the period determined by the President.”;
“ ( d ) [the Head of a Special Investigating Unit must stand down from such office if the President, in consultation with the Judicial 20 Service Commission, so requests.] the President may at any time remove the Head of a Special Investigating Unit from office if there are sound reasons for doing so.”; and
(b) for paragraph ( d ) of subsection (4) of the following paragraph:
(c) for subsection ( 5 ) of the following subsection: “ ( 5 ) (a ) A member of a Special Investigating Unit [who is not a judge 25
and] whose remuneration is not defrayed from public money, may be paid such remuneration, including allowances for subsistence and travelling expenses incurred by him or her in the performance of his or
Act No. 2,2001 SPECIAL INVESTIGAnNG UNlTS AND SPECIAL m B U N A L S AMENDMENT ACT. 2001
her functions in terms of this Act, as the Minister of Justice in consultation with the Minister of Finance may determine.
(b) A member of a Special Investigating Unit [who is a judge of] whose remuneration is defrayed from public money, may be paid such allowances in respect of his or her service as such member, including allowances for subsistence and travelling expenses incurred by him or her in the performance of his or her functions in terms of this Act, as the Minister of Justice in consultation with the Minister of Finance may determine.”.
Amendment of section 5 of Act 74 of 1996
3. Section 5 of the principal Act is hereby amended by the deletion of subsection (8).
Amendment of section 6 of Act 74 of 1996
3. Section 6 of the principal Act is hereby amended by -the substitution for paragraph
“ ( a ) Subject to subsection (6), the premises referred to in subsection ( I ) shall only be entered by virtue of an entry warrant issued by a member of a Special Tribunal, magistrate or judge of [the Supreme Court, other than the Head of the Special Investigating Unit concerned] a High Court, if it appears to such member, magistrate or judge from infomation on oath that there are reasonable grounds for believing that any book, document or object which may have a bearing on the investigation- (i) is in the possession or under the control of any person or on or in any premises
within the area of jurisdiction of such Special Tribunal, magistrate or judge; and
(a ) of subsection ( 5 ) of the following paragraph:
( i i ) cannot reasonably be obtained in any other manner.”.
Short title and commencement
4. This Act is called the Special Investigating Units and Special Tribunals Amendment Act, 2001, and comes into operation on a date fixed by the President by proclamation in the Gazette.