Chairperson and colleagues, the Bill before us amends the Criminal Procedure Act, Act 51 of 1977, so as to provide for the postponement of certain criminal proceedings against an individual who is in custody, awaiting trial, by using an audiovisual link.
The amendment emanates from the report of the Law Reform Commission, which expressed the need for this kind of legislation in order to alleviate the financial burden and the attendant security risks posed by the transportation of accused persons to and from the courts, who at times appear for only five minutes, at huge expense and risk.
The provisions in this amendment will also reduce administrative costs. The Minister, in terms of this Bill, must designate the correctional centre which may use this audiovisual conferencing facility.
In clause 2 of the Bill certain words are amended in terms of section 271A of the principal Act, without amending the substance of the section. In order to provide for expungement of certain criminal records, four new sections are inserted. The expungement of criminal records occurs after application by the persons concerned, and expiry of a fixed period in certain circumstances. There is also automatic expungement of criminal records of persons who were convicted of criminal offences under the previous constitutional dispensation.
Here we refer to what we may call apartheid offences under obnoxious Acts, such as the Group Areas Act, Immorality Act, Separate Amenities Act and others. The Bill further stipulates that there are three categories of criminal records that will never be expunged. These are criminal records appearing in the National Register for Sex Offenders, criminal records appearing in the National Child Protection Register and, lastly, criminal records appearing for offences in terms of the Firearms Control Act of 2000.
We engaged the departments in many of the sections about the practice and applicability in certain circumstances. Our engagement with the department is on an ongoing basis. We will receive periodic reports about the progress made. We commend the Bill to this House.
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.