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Discussion Papers

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Discussion papers, previously referred to as working papers, are documents in which the Commission's preliminary research results are contained. In most cases discussion papers also contain draft legislation which gives effect to the Commission's tentative recommendations and proposals. The main purpose of these documents is to test public opinion on solutions identified by the Commission.

• Discussion Paper 160, Project 100E: Review of aspects of Matrimonial Property Law. Closing date for comment: 30 September 2023. Closing date for comment extended: 30 November 2023.
• Discussion Paper 161, Project 100: Domestic Violence: Tthe Criminal Law Response. Closing date for comments: 30 Oct 2023
• Discussion Paper 159, Project 147: Review of laws regulating Funeral Parlours and Related Services Industry. Closing date for comments: 29 Sep 2023.
  The Proposed Code of Ethics and Professional Conduct Standards for funeral service practitioners.
• Discussion Paper 158 Revised, Project 135: The Review of the Witchcraft Suppression Act 3 of 1957. Closing date for comments: 31 Oct 2022
• Discussion Paper 157, Project 100B: on the Review of the Maintenance Act 99 of 1998. Closing date for comments: 30 June 2022
• Discussion Paper 156, Project 149: Repeal of the Transkeian Penal Code, 1983 (Act 9 of 1983). A Sub-Project of the Review of Colonial and Apartheid Legislation. Closing date for comments: 31 July 2022.
• Discussion Paper 155, Project 100D: Relocation of families with reference to minor children. Closing date for comments: 31 January 2022.
• Discussion Paper 154, Project 141: Medico-legal Claims. Issued 11 Nov 2021. Closing date for comments: 31 Jan 2022. Closing date for comment extended: 28 February 2022
• Discussion Paper 153, Project 143: Maternity and Parental Benefits for Self-Employed Workers in the Informal Economy. Issued 23 Jun 2021. Closing date for comments: 29 October 2021. Closing date for comment extended: 03 December 2021. Submissions can be made to e-mail: lmngoma@justice.gov.za
• Discussion Paper 152, Project 144: Single Marriage Statute, January 2021 [amended 13 May 2021]. Closing date for comment extended: 17 May 2021. Closing date for comment: 31 March 2021.
• Discussion Paper 151, Project 127: InvestigationReview of administration orders. Closing date for comments: 31 December 2020.
• Discussion Paper 150, Project 142: Investigation into Legal Fees, including access to justice and other interventions. Closing date for comments: 30 November 2020. Legal Costs Community Hearings list, updated on 05 Nov 2020.
• Discussion Paper 148, Project 100D: Alternative Dispute Resolution in Family Matters. Closing date for comments: 31 January 2020. Closing date for comments extended to by 31 July 2022.
• Discussion Paper 149, Project 107: Sexual Offences: Pornography and Children. Closing Date for Comments: 30 July 2019
• Discussion Paper 147 (Revised), Project 125: Harmonisation of existing laws providing for different Prescription Periods. Closing Date for Comments: 30 April 2018
  Public Workshop Presentations held in Cape Town (19th July 2018); Durban (26th July 2018) and Pretoria (2nd August 2018):
  • Prescription reform initiatives aimed at enhancing Access to Justice - Overview - August 2018
    
  • Prescription reform initiatives aimed at enhancing Access to Justice - Prohibiting the recovery of prescribed debt - August 2018
    
  • Prescription reform initiatives aimed at enhancing Access to Justice -Delaying the running of prescription - August 2018
    
  • Prescription reform initiatives aimed at enhancing Access to Justice -Inability to access the courts - August 2018
    
  • Prescription reform initiatives aimed at enhancing Access to Justice -Special time limits - August 2018
    
  • Prescription reform initiatives aimed at enhancing Access to Justice -Closure and Vote of thanks - August 2018
• Discussion Paper 145 (Project 25) Statutory Law Revision in respect of legislation administered by the Department of Health. Closing Date for comment: 30 September 2017.
• Discussion Paper 146 (Project 25) Statutory Law Revision: Legislation administered by the Department of Police. Closing Date for comment: 30 September 2017
• Discussion Paper 144 (Project 25) Statutory Law Revision: Legislation administered by the Department of Trade and Industry. Closing Date for comment: 28 February 2017
• Discussion Paper 143 (Project 25) Statutory Law Revision: Legislation administered by the Department of Social Development. Closing Date for comment: 31 December 2016
• Discussion Paper 142 (Project 25) Statutory Law Revision: Legislation administered by the Department of Public Service and Administration (DPSA). Closing Date for comment: 30 November 2016
  
• Discussion Paper 141 (Project 25) Statutory Law Revision in respect of legislation administered by the Department of Water and Sanitation. Closing Date for comment: 31 March 2016
• Discussion Paper 140 (Project 25) Statutory Law Revision: Legislation administered by the Department of Arts and Culture. Closing Date for comment: 31 March 2016
• Discussion Paper 139 (Project 135) The review of the Witchcraft Suppression Act 3 of 1957. Closing date for comment: 30 April 2016 [ Xhosa, Setswana, Sepedi & Tshivenda]
• Discussion Paper 132 (Project 138) Revised Discussion Paper, The Practice of Ukuthwala. Closing date for comments: 31 January 2016
• Discussion Paper 136 (Project 25) Statutory Law Revision: Legislation administered by the Department of Environmental Affairs. Closing date for comments: 31 January 2016
• Discussion Paper 137 (Project 25) Statutory Law Revision: Legislation administered by the Department of Science and Technology. Closing date for comments: 14 September 2015
• Discussion Paper 135 (Project 137) The review of the expungement of certain Criminal Records. Closing date for comments: 31 August 2015
• Discussion Paper 134 (Project 25) Statutory Law Reform: Review of legislation administered by the Department of Justice and Constitutional Development: The Criminal Procedure Act, 51 of 1977. Closing date for comments: Extended to 30 June 2015 (Media Statement)
• Discussion Paper 133 (Project 25) Statutory Law Revision: Review of legislation administered by the Department of Home Affairs. Closing date for comments: 31 May 2015
• Discussion Paper 131 (Project 126) The review of the law of Evidence - Closing date for comment has been extended to 31 March 2015
• Discussion Paper 132 (Project 138) The Practice of Ukutwala - Closing date for comments: 31 October 2014
• Discussion Paper 130 (Project 25) Statutory Law Revision: Legislation Administered by the Department of Justice and Constitutional Development (Family law and marriage) - Closing date for comments: 30 April 2012
• Discussion Paper 129 (Project 25) Statutory Law Revision: Review of legislation administered by the Department of Justice and Constitutional Development (Legislation regulating the legal profession; courts and other institutions; civil procedure and evidence; substantive criminal law; civil law; wills, estates and insolvency and constitutional and political legislation) - Closing date for comments: 29 February 2012
• Discussion Paper 128 (Project 25) Statutory Law Revision: Review of legislation administered by the Department of International Relations and Cooperation - Closing date for comments: 31 January 2012
• Discussion Paper 127 (Project 25) Statutory Law Revision: Review of legislation administered by the Department of Tourism - Closing date for comments: 31 January 2012
• Discussion Paper 126 (Project 125) Prescription Periods - Closing date for comments: 30 September 2011
• Discussion Paper 125 (Project 25) Statutory Law Revision (Legislation administered by the Department of Basic Education)  - Closing date for comments: 31 August 2011
• Discussion Paper 124 (Project 25) Statutory Law Revision (Legislation administered by the Department of Mineral Resources and Ancillary Legislation Administered by other Departments)  - Closing date for comments: 31 August 2011
• Discussion Paper 123 (Project 25) Statutory Law Revision (Legislation administered by the Department of Defence)  - Closing date for comments: 31 August 2011
• Discussion Paper 122 (Project 25) Statutory Law Revision (Legislation administered by the Department of Communications)  - Closing date for comments: 31 August 2011
• Discussion Paper 121 (Project 25) Statutory Law Revision (Legislation administered by the Department of Public Works)  - Closing date for comments: 31 May 2011
• Discussion Paper 120 (Project 25) Statutory Law Revision (Legislation administered by the Department of Co-Operative Governance and Traditonal Affairs) - Closing date for comments: 31 Mar 2011
• Discussion Paper 119 (Project 25) Statutory Law Revision (Legislation administered by National Treasury) - Closing date for comments: 31 Jan 2011
• Discussion Paper 118 (Project 25) Statutory Law Revision (Legislation administered by the Department of Rural Development and Land Reform) - Closing date for comments: 30 Nov 2010
• Discussion Paper 117 (Project 25) Statutory Law Revision - Legislation administered by the Department of Labour - Closing date for comments: 30 Nov 2010
• Discussion Paper 116 (Project 25) Statutory Law Revision - Legislation administered by the Department of Energy - Closing date for comments: 30 Nov 2010
• Discussion Paper 0001/2009 (Project 107) SEXUAL OFFENCES - ADULT PROSTITUTION - View the Summary - Workshop Invitation - Worksheet/Questionnaire - Closing date for comments: 30 Jun 2009
• Discussion Paper 115 (Project 25) Statutory Law Revision - Legislation Administered by the Department of Housing - Closing date for comments: 28 Feb 2009
• Discussion Paper 114 (Project 25) Statutory Law Revision - Legislation administered by the Department of Transport - Closing date for comments: 31 Aug 2008
• Discussion Paper 113 (Project 126) REVIEW OF THE LAW OF EVIDENCE (HEARSAY AND RELEVANCE) - Closing date for comments: 30 Jun 2008
• Discussion Paper 112 (Project 25) Interpretation Act 33 of 1957 - Closing date for comments: 30 March 2007
• Discussion Paper 111 (Project 131) Trafficking in Persons - Closing date for comments: 30 June 2006
• Discussion Paper 110 (Project 134) Administration of Estates - Closing date for comments: 18 Nov 2005
• Discussion Paper 109 (Project 124) Privacy and Data Protection - Closing date for comments: 28 Feb 2006
• Discussion Paper 108 (Project 130) Stalking - Closing date for comments: 15 Nov 2004
• Discussion Paper 107 (Project 123) Protected Disclosures - Closing date for comments: 31 Aug 2004
• Discussion Paper 106 (Project 121) Consolidated legislation pertaining to international Co-operation in civil matters - Closing date for comments: 30 Sep 2004
• Discussion Paper 105 (Project 122) Assisted Decision-Making: Adults With Impaired Decision-Making Capacity - Closing date for comments: 30 Apr 2004
• Discussion paper 104 (Project 118) Domestic partnerships - Closing date for comments: 1 Dec 2003
• Discussion Paper 103 (Project 110) Review of the Child Care Act - Executive Summary - Closing date for comments: 28 Feb 2002
• Discussion Paper 102 (Project 107) Sexual Offences - Executive Summary - Closing date for comments: 28 Feb 2002
• Discussion Paper 101 (Project 59) Islamic Marriages and Related Matters - Collation of Submissions on Discussion Paper 101: Islamic Marriages And Related Matters - Closing date for comments: 31 Jan 2002
• Discussion Paper 100 (Project 73) Simplification of Criminal Procedure (Out-of-Court Settlements in Criminal Cases) - Closing date for comments: 31 Dec 2001
• Discussion Paper 99 (Project 108) Computer-related Crime: Preliminary Proposals for Reform in Respect of Unauthorised Access to Computers, Unauthorised Modification of Computer Data and Software Applications and Related Procedural Aspects - Closing date for comments: 2 Jul 2001
• Discussion Paper 98 (Project 114) Publication of Divorce Proceedings: Section 12 of the Divorce Act (Act 70 of 1979) - Closing date for comments: 15 Jun 2001
• Discussion Paper 97 (Project 82) Sentencing (A Compensation Scheme For Victims Of Crime In South Africa) - Closing date for comments: 31 Jul 2001
• Discussion Paper 96 (Project 73) Simplification of Criminal Procedure (A More Inquisitorial Approach to Criminal Procedure - Police Questioning, Defence Disclosure, the Role of Judicial Officers and Judicial Management of Trials) - Closing date for comments: 30 Jun 2001
• Discussion Paper 95 (Project 90) Customary Law: Administration of Estates - Closing date for comments: 28 Feb 2001
• Discussion Paper 94 (Project 73) Simplification of criminal procedure (Third Interim report: Simplification of criminal procedure (The right of the Director of Public Prosecutions to Appeal on question of fact)) - Closing date for comments: 31 Jan 2000
• Discussion Paper 93 (Project 90) Customary Law of Succession - Closing date for comments: 22 Sep 2000
• Discussion Paper 92 (Project 105) Anti-terrorism draft bill - Closing date for comments: 29 Sep 2000
• Discussion Paper 91 (Project 82) Sentencing (A New Sentencing Framework) - Closing date for comments: 31 May 2000
• Discussion Paper 90 (Project 101) The application of the Bill of Rights to criminal procedure, criminal law and the law of evidence and sentencing - Closing date for comments: 31 Mar 2000
• Discussion Paper 89 (Project 73) Simplification of criminal procedure - Closing date for comments: 31 Mar 2000
• Discussion Paper 88 (Project 109) Review of the Marriage Act, 25 of 1961 - Closing date for comments: 30 Nov 1999
• Discussion Paper 87 (Project 94) Community Dispute Resolution Structures - Closing date for comments: 31 Oct 1999
• Discussion Paper 86 (Project 63) Review of the Law of Insolvency - Closing date for comments: 29 Oct 1999
• Discussion Paper 85 (Project 107) Sexual Offences; The Substantive Law - Closing date for comments: 29 Oct 1999
• Discussion Paper 84 (Project 85) Compulsory HIV Testing in Persons Arrested for Sexual Offences - Closing date for comments: 15 Oct 1999
• Discussion Paper 83 (Project 94) Domestic Arbitration - Closing date for comments: 29 Oct 1999
• Discussion Paper 82 (Project 90) Traditional courts and the judicial function of traditional leaders (March 1999) - Closing date for comments: 30 Jun 1999
• Discussion Paper 81 (Project 115) Administrative Law (February 1999) - Closing date for comments: 31 Mar 1999

• Discussion Paper 80 (Project 85) ASPECTS OF THE LAW RELATING TO AIDS: The Need for a Statutory Offence Aimed at Harmful HIV-Related Behaviour (January 1999) - Closing date for comments: 31 Mar 1999
• Discussion Paper 79 (Project 106) Juvenile Justice (January 1999) - Closing date for comments: 31 Mar 1999
• Discussion Paper 78 (Project 105) Review of Security Legislation: The Interception and Monitoring Prohibition Act 127 of 1992 (November 1998) - Closing date for comments: 25 Jan 1999
• Discussion Paper 77 (Project 112) Sharing of Pension Benefits - Closing date for comments: 31 Jul 1998
• Discussion Paper 76 (Project 90) Harmonisation of customary and common law: conflict of personal laws - Closing date for comments: 30 Jun 1998
• Discussion Paper 75 (Project 111) Constitutional Jurisdiction of the Magistrate's Courts - Closing date for comments: 15 Jun 1998
• Discussion Paper 74 (Project 90) The Harmonisation of the Common Law and the Indigenous Law: Customary Marriages - Closing date for comments: Extended to 28 Feb 1998
• Discussion Paper 73 (Project 85) Aspects of the Law Relating to AIDS: HIV/AIDS and Discrimination in Schools - Closing date for comments: 30 Sep 1997
• Discussion Paper 72 (Project 85) Aspects of the Law Relating to AIDS: Pre-employment HIV testing - Closing date for comments: Extended till 15 Aug 1997
• Discussion Paper 71 (Project 86) Euthanasia and the articial preservation of life - Closing date for comments: Extended till 15 Jul 1997
• Discussion Paper 70 (Project 100) Domestic Violence - Closing date for comments: 30 May 1997
• Discussion Paper 69 (Project 94) Arbitration: A Draft International Arbitration Act for South Africa - Closing date for comments: 31 Mar 1997
• Discussion Paper 68 (Project 85) Aspects of the Law Relating to Aids -Closing date for comments: 15 Oct 1996
• Discussion Paper 67 (Project 96) The Apportionment of Damages Act, 1956 - Closing date for comments: 30 Nov 1996
• Discussion Paper 65 (Project 47) Unreasonable Stipulations in Contracts and the Rectification of Contracts - Closing date for comments: 30 Sep 1996
• Discussion Paper 64 (Project 104) Money Laundering and Related Matters - Closing date for comments: 8 Jul 1996
• Discussion Paper 063 (Project 93) Speculatative and contingency fees. Closing date for comment: April 1996
• Discussion Paper 062 (Project 100): The granting of visitation rights to grandparents of minor children. Closing date for comment: March 1996
• Discussion Paper 061 (Project 63): Review of the law of Insolvency statutory provisions that benefit creditors. Closing date for comment: February 1996
• Discussion Paper 060 (Project 95): Investigation into the Computer Evidence Act 57 of 1983. Closing date for comment: Dec 1995
• Discussion Paper 059 (Project 94): Arbitration. Closing date for comment: October 1995
• Discussion Paper 058 (Project 85): Aspects of the law relating to AIDS. Closing date for comment: November 1995
• Discussion Paper 057 (Project 88): The recognition of a class action in South African Law. Closing date for comment: November 1995
• Discussion Paper 056 (Project 98): International co-operation in Criminal Prosecutions. Closing date for comment: July 1995
• Discussion Paper 055 (Project 89): The declaration and detention of persons as state patients under the Criminal Procedure Act, Act 51 of 1977, and the discharge of such persons under the Mental Health Act, Act 18 of 1973, including the burden of proof with regard to the mental state of an accused or convicted person. Closing date for comment: March 1995
• Discussion Paper 054 (Project 47): Unreasonable stipulations in contracts and the rectification of contracts. Closing date for comment: September 1994
• Discussion Paper 053 (Project 86): Euthanasia and the artificial preservation of life. Closing date for comment: March 1994
• Discussion Paper 052 (Project 84): The application of the Trapping System. Closing date for comment: February 1994
• Discussion Paper 051 (Project 70): Limitation of Professional Liability. Closing date for comment: 1993
• Discussion Paper 050 (Project 74): Debt Collecting. Closing date for comment: December 1993
• Discussion Paper 049 (Project 73): Simplification of Criminal Procedure. Closing date for comment: February 1994
• Discussion Paper 048 (Project 62): The Protection of purchaser of shares: Proposed amendment of section 138 of the Companies Act 61 of 1973. Closing date for comment: November 1993
• Discussion Paper 047 (Project 97): Jurisidictional lacuna in the Supreme Court Act 59 of 1959. Closing date for comment: May 1993
• Discussion Paper 046 (Project 67): The Usury Act and Related Matters: New credit legislation for South Africa. Closing date for comment: May 1993
• Discussion Paper 045 (Project 76): Jewish Divorces. Closing date for comment: April 1993
• Discussion Paper 044 (Project 79): A father's rights in respect of his illegitimate child. Closing date for comment: April 1993
• Discussion Paper 043 (Project 41): Investigation into the possibility of making provision for a divorced woman to share in the pension benefits of her former husband: Matters relating to the Divorce Amendment Act 7 of 1989. Closing date for comment: March 1993
• Discussion Paper 042 (Project 73): Simplification of the Criminal Procedure. Closing date for comment: September 1992
• Discussion Paper 041 (Project 63): Review of the Law of Insolvency: Voidable dispositions and dispositions that may be set aside and the effect of sequestration on the spouse of the insolvent. Closing date for comment: October 1992
• Discussion Paper 040 (Project 78): Interest on Damages. Closing date for comment: June 1992
• Discussion Paper 039 (Project 63): Review of the Law of Insolvency: Rehabilitation. Closing date for comment: June 1992
• Discussion Paper 038 (Project 65): Surrogate Motherhood. Closing date for comment: January 1992
• Discussion Paper 037 (Project 68): Access to police dockets. Closing date for comment: September 1991
• Discussion Paper 036 (Project 62): Protection of a purchaser of securities. Closing date for comment: December 1991
• Discussion Paper 035 (Project 63): Review of the Law of Insolvency: Insolvency Interdicts. Closing date for comment: July 1991
• Discussion Paper 034 (Project 24): Investigation into the Courts' powers of review of Administrative Acts. Closing date for comment: April 1992
• Discussion Paper 033 (Project 63): Review of the Law of Insolvency: Effect of Insolvency on assets, civil proceedings and contacts. Closing date for comment: February 1991
• Discussion Paper 032 (Project 75): Bribery. Closing date for comment: March 1990
• Discussion Paper 031 (Project 66): Bail reform in South Africa. Closing date for comment: Mar 1991
• Discussion Paper 030 (Project 63): Review of the Law of Insolvency: Qualifications, appointment and removal of liquidators. Closing date for comment: March 1990
• Discussion Paper 029 (Project 63): Review of the Law of Insolvency: Prerequiste for and alternatives to sequestration. Closing date for comment: November 1989
• Discussion Paper 028 (Project 71): Pretection of the Child Witness. Closing date for comment: August 1989
• Discussion Paper 027 (Project 69): Acquisition and loss of ownership of game. Closing date for comment: August 1989
• Discussion Paper 026 (Project 12): Review of the Law of Divorce. Closing date for comment: Jul 1988
• Discussion Paper 025 (Project 58): Group and Human Rights. Closing date for comment: August 1989
• Discussion Paper 024 (Project 52): Examination of the legal consequences of Sexual Realignment and Related Matters. Closing date for comment: June 1994
• Discussion Paper 023 (Project 46): The giving of security by means of movable property. Closing date for comment: December 1988
• Discussion Paper 022 (Project 50): Proposals for the Reform of the Bills of Exchange Act, 1964. Closing date for comment: July 1989
• Discussion Paper 021 (Project 62): Protection of a purchaser of securities. Closing date for comment: November 1987
• Discussion Paper 020 (Project 60): Domicile. Closing date for comment: October 1988
• Discussion Paper 019 (Project 22): Review of the Law of Succession: Disqualification from inheriting, substitution, seccession rights of adopted children. Closing date for comment: Apr 1988
• Discussion Paper 018 (Project 61): Enduring powers of attorney and the appointment of curators to mentally incapacitated persons. Closing date for comment: May 1988
• Discussion Paper 017 (Project 22): Review of the Law of Succession: Alteration and revocation of Wills. Closing date for comment: April 1987
• Discussion Paper 016 (Project 62): Protection of a purchaser of securities. Closing date for comment: March 1987
• Discussion Paper 015 (Project 24): Investigation into the Courts' powers of review of Administrative Acts. Closing date for comment: August 1986
• Discussion Paper 014 (Project 22): Review of the Law of Succession: Formalities of a Will. Closing date for comment: June 1986
• Discussion Paper 013 (Project 22): Review of the Law of Succession. Closing date for comment: May 1986
• Discussion Paper 012 (Project 57): Anton Piller-Type Orders. Closing date for comment: April 1986
• Discussion Paper 011 (Project 6): Review of the Law of Evidence. Closing date for comment: March 1986
• Discussion Paper 010 (Project 51): Marriages and Customary Unions of Black Persons. Closing date for comment: September 1985
• Discussion Paper 009 (Project 25): Statute Law: The establishment of a permanently simplified, coherent and generally accessible statute book. Closing date for comment: April 1985
• Discussion Paper 008 (Project 33): Review of the Law of Prize. Closing date for comment: December 1984
• Discussion Paper 006 (Project 43): Investigation into the advancement of the age of majority. Closing date for comment: July 1984
• Discussion Paper 005 (Project 49): Offences committed under the influence of liquor or drugs. Closing date for comment: January 1984
• Discussion Paper 004 (Project 41): Investigation into the possibilty of making provision for a divorced woman to share in the pension benefits of her formaer husband. Closing date for comment: October 1984
• Discussion Paper 003 (Project 9): Law of Trusts. Closing date for comment: April 1983
• Discussion Paper 002 (Project 22): Law of Succession: Intestate Succession. Closing date for comment: April 1983
• Discussion Paper 001 (Project 37): Preferences on Insolvency. Closing date for comment: July 1982