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ANNEXURE A

REPUBLIC OF SOUTH AFRICA

DIVORCE AMENDMENT BILL

___________________________________

(As introduced in the National Assembly)

___________________________________

(MINISTER OF JUSTICE)

[B -01]

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from the existing enactments.

_____ Words underlined with a solid line indicate insertions in existing enactments.

___________________________________________________

Option 1:

BILL

To amend the Divorce Act, 1979 so as to remove the general prohibition on the publication of divorce proceedings

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: -

Repeal of section 12 of Act 70 of 1979

Section 12 of the Divorce Act,1979 (Act 70 of 1979), is hereby repealed.

Option 2:

BILL

To amend the Divorce Act, 1979 so as to remove the general statutory prohibition on the publication of divorce proceedings and to make provision for a judicial discretion to make an order preventing publication of any particulars of a divorce action

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: -

Amendment of section 12 of Act 70 of 1979

Section 12 of the Divorce Act, 1979 is hereby amended by the substitution for section 12 of the following section:

12. "Power of the court to make an order preventing publication of any particulars of divorce action

(1) [Except for making known or publishing the names of the parties to a divorce action, or that a divorce action between the parties is pending in a court of law, or the judgment or order of the court, no person shall make known in public or publish for the information of the public or any section of the public any particulars of a divorce action or any information which comes to light in the course of such an action.] The court may make an order preventing any person from making known in public or publishing for the information of the public or any section of the public any particulars of a divorce action or any information or evidence which comes to light in the course of a such an action.

(2) [The provisions of] An order made under subsection (1) shall not apply with reference to the publication of particulars or information or evidence -

(a) for the purposes of the administration of justice;

(b) in a bona fide law report which does not form part of any other publication than a series of reports of the proceedings in courts of law; or

(c) for the advancement of or use in a particular profession or science.

(3) The provisions of subsections (1) and (2) shall mutatis mutandis apply with reference to proceedings relating to the enforcement or variation of any order made in terms of this Act as well as in relation to any enquiry instituted by a Family Advocate in terms of the Mediation in Certain Divorce Matters Act, 1987.

(4) Any person who in contravention of this section publishes any particulars or information or evidence after such an order was made by the court shall be guilty of an offence and liable on conviction to a fine [not exceeding one thousand rand] or to imprisonment for a period not exceeding one year or both such fine and such imprisonment."

Option 3

BILL

To amend the Divorce Act, 1979 so as to make provision for a judicial discretion to lift the general statutory prohibition on the publication of divorce proceedings

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: -

Amendment of section 12 of Act 70 of 1979

Section 12 of the Divorce Act, 1979 is hereby amended by the substitution for section 12 of the following section:

"12. Limitation of publication of particulars of divorce action

(1) [Except for making known or publishing the names of the parties to a divorce action, or that a divorce action between the parties is pending in a court of law, or the judgment or order of the court, no person shall make known in public or publish for the information of the public or any section of the public any particulars of a divorce action or any information which comes to light in the course of such an action.]

(a) Subject to the provisions of subparagraph (b), no person shall publish for the information of the public or any section of the public any particulars of a divorce action or any information or evidence which comes to light in the course of such an action, except with the leave of the court which heard the proceedings.

(b) Notwithstanding the provisions of subparagraph (a), any person may, unless the court orders otherwise, publish in relation to a divorce action the following particulars:

(i) The names of the parties to a divorce action;

(ii) That a divorce action between the parties is pending in a court of law; and

(iii) The judgment or order of the court.

(2) The provisions of subsection (1) shall not apply with reference to the publication of particulars or information-

(a) for the purposes of the administration of justice;

(b) in a bona fide law report which does not form part of any other publication than a series of reports of the proceedings in courts of law; or

(c) for the advancement of or use in a particular profession or science.

(3) The provisions of subsections (1) and (2) shall mutatis mutandis apply with reference to proceedings relating to the enforcement or variation of any order made in terms of this Act as well as in relation to any enquiry by a Family Advocate in terms of the Mediation in Certain Divorce Matters Act, 1987.

(4) Any person who, in contravention of this section, publishes any particulars or information or evidence shall be guilty of an offence and liable on conviction to a fine [not exceeding one year] or to imprisonment for a period not exceeding one year or both such fine and such imprisonment."

Option 4

BILL

To amend the Divorce Act, 1979 so as to remove the general statutory prohibition on the publication of divorce proceedings and to make provision for the anonymity of parties to divorce proceedings

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: -

Substitution of section 12 of Act 70 of 1979

The following section is hereby substituted for section 12 of Act 70 of 1979:

12. Restriction on publication of court proceedings

(1) A person who publishes in a newspaper or periodical publication or by radio broadcast or television, or otherwise disseminates to the public or to a section of the public by any means, any account of any proceedings, or of any part of any proceedings, under this Act that identifies:

(a) a party to the proceedings;

(b) a person who is related to, or associated with, a party to the proceedings or is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate; or

(c) a witness in the proceedings;

is guilty of an offence punishable, upon conviction, by imprisonment for a period not exceeding one year.

(2) Without limiting the generality of subsection (1), an account of proceedings, or of any part of proceedings, referred to in that subsection shall be taken to identify a person if:

(a) it contains any particulars of:

(i) the name, title, pseudonym or alias of the person;

(ii) the address of any premises at which the person resides or works, or the locality in which any such premises are situated;

(iii) the physical description or the style of dress of the person;

(iv) any employment or occupation engaged in, profession practised or calling pursued by the person, or any official or honorary position held by the person;

(v) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person;

(vi) the recreational interests or the political, philosophical or religious beliefs or interests of the person; or

(vii) any real or personal property in which the person has an interest or with which the person is otherwise associated;

being particulars that are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires.

(b) in the case of a broadcast or televised account, it is accompanied by a picture of the person; or

(c) in the case of a broadcast or televised account, it is spoken in whole or in part by the person and the person's voice is sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires.