oa Article 40 - Monitoring the Child Justice Act : oversight of National Parliament

Volume 16, Issue 1
  • ISSN : 1562-4382



Beyond developing legislation, the Constitution requires Parliament to exercise oversight over and ensure accountability of the Executive, as well as ensure public engagement in Parliament's functions.

The Child Justice Act 75 of 2008 (the Act) includes important provisions that embed parliamentary oversight over its implementation. Section 96(3) requires that the Minister responsible for Justice, in consultation with ministers for safety and security, social development, correctional services, education and health submit reports to Parliament annually. This provision can be seen as an attempt by the legislature to respond to the rising concerns regarding poor implementation of new laws in general.
Regular reporting by the range of departments responsible for its implementation should allow for identification of flaws or gaps in the law itself and to identify problems with programmes and plans required for its implementation. This includes monitoring the budgets allocated to these departments, and the capacity of departments to spend the allocation well.

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