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Department of Defence

Exploring the origins and objectives of the Defence and Laws Repeal & Amendment Bill from the SALRC report. This bill aims to modernize, reform, and bring uniformity to defense laws by repealing outdated provisions.

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Department of Defence

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  1. Department of Defence DEFENCE LAWS REPEAL AND AMENDMENT BILL 2015 11 MARCH 2015

  2. AIM To brief the Portfolio Committee on Defence and MV on origin and objectives of the Defence and Laws Repeal and Amendment Bill, 2015

  3. BACKGROUND The Defence and Related Acts Repeal and Amendment Bill emanates from the report of the South African Law Reform Commission (SALRC). The SALRC has been created in terms of the South African Law Reform Commission Act, 1973 (Act No. 19 of 1973). The South African Law Reform Commission Act 19 of 1973 mandates the SA Law Reform Commission to do research with reference to all branches of the law of the Republic and to study and investigate all such branches of the law in order to make recommendations for the development, improvement, modernisation or reform thereof, including – (a) the repeal of obsolete or unnecessary provisions; (b) the removal of anomalies; (c) the bringing about of uniformity in the law in force in the Republic.

  4. Act to be repealed • Defence Endowment Property and Account Amendment Act 17 of 1929 • Defence Amendment Act 43 of 1954 • Moratorium Amendment Act 4 of 1969 • Civil Defence Amendment Act 5 of 1969 • Defence Amendment Act 26 of 1973 • Defence Amendment Act 1 of 1976

  5. The Acts to be Repealed Cont Moratorium Amendment Act 27 of 1977 Moratorium Amendment Act 48 of 1978 Defence Special Account Amendment Act 17 of 1981 Defence Special Account Amendment Act 71 of 1995 Demobilisation Act 99 of 1996 Defence Special Tribunal Act 81 of 1998 Demobilisation Amendment Act 128 of 1998 Demobilisation Amendment Act 43 of 2001 Termination of Integration Intake Act 44 of 2001 Armaments Corporation of South Africa, Limited Amendment Act 16 of 2005

  6. The Bill The Bill contains two Schedules. • Schedule 1 • This Schedule lists Acts that may be repealed in their entirety. Since these Acts have no independent surviving provisions they may be repealed. • Schedule 2 • The Bill also seeks to amend a provision of the Castle Management Act, 1993 (Act No. 207 of 1993), which discriminates unfairly on the basis of age. It is proposed that section 7 of the Castle Management Act, 1993, be amended by the deletion of paragraph (f) in order to bring the Act in line with the Constitution.

  7. COMPLETE SUMMARY OF THE BILL Clause by clause summary of the Bill: • Clause 1: Repeal of and amendment of laws. It refers to two schedules, schedule contains laws to be repealed and schedule two contains law to be amended. • Clause 2: Short title and commencement. • The Bills seeks to repeal time specific Acts and amend Castle Management Act.

  8. QUESTIONS • QUESTIONS

  9. END • THANK YOU

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