SUBMISSION ON THE ADMINISTRATIVE JUSTICE BILL, B56-99 ("the Bill")
We refer to the recent press statement issued in respect of the Bill calling for comments by interested parties.
The Johannesburg Stock Exchange ("the JSE") fully supports the concept of administrative justice enshrined in the Constitution of South Africa, 108 of 1996 ("the Constitution") and giving effect to it by means of the Bill.
We do, however, draw your attention to the fact that, in respect of the Open Democracy Bill, we were concerned that the JSE could conceivably fall within the definition of a "governmental body" on the grounds that it exercises a public power or performs a public duty in terms of legislation. We attach a copy of our submission dated 4 October 1999 to the Select Committee of Justice on the Open Democracy Bill. During our representations on the Open Democracy Bill, it was indicated to us that the JSE would not fall within the definition of a governmental body as defined in that Bill.
We have a similar concern in respect of this Bill and would appreciate confirmation of whether the JSE falls within the ambit of the Bill.
Please do not hesitate to contact the writer or Ms Elbi J van Vuuren at the JSE should you wish to discuss this letter.