Section 10 of the Black Administration Act, 1927, Amendment Act, 1929
AI-assisted research summary: Divorce Courts are given jurisdiction over certain divorce and nullity matters, may act like a High Court in those matters, and presiding officers may appoint assessors.
1. Section 10 of the Black Administration Act, 1927, Amendment Act, 1929 (hereinafter referred to as the principal Act), is hereby anlended— (a) by the substitution for subsection (1) of the following subsection: “(l) (a) Notwithstanding anything to the contrary in any other law 4 No. 18451 GOVERNMENT GAZEITE, 21 NOVEMBER 1997 Act No. 65, 1997 DIVORCE COURTS AMENDMENT ACT, 1997 the Gazette establish Divorce Courts which shall [be empowered to] have jurisdiction to hear and determine suits [ofl relating to the nullity Q ~ divorce [and separation] between [Blacks domiciled within their respective areas of jurisdiction in respect of marriage] persons and to decide ~ any question arising therefrom [: Provided that the Matrimonial Causes Jurisdiction Act, 1939 (Act No. 22 of 1939), shall nzutatis mutandis apply with reference to the powers and jurisdiction of such courts], if the parties are or if either of the parties is— (i) domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or (ii) ordinarily resident in the area of jurisdiction of the court on the said date and has or have been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date. (b) A Divorce Court hearing a matter referred to in paragraph (a), shall have the same jurisdiction as any High Court in relation to such a matter.”; (b) by the substitution for paragraphs (b) and (c)of subsection (3) of the following paragraphs: “(b) A division of the court shall consist of [a president] one or more presiding officers, one of whom shall be the president of the division, who shall be fit and proper persons appointed by the Minister of Justice [at which appointment the provisions of Chapter II of the Magis- trates’ Courts ACC 1944 (Act No. 32 of 1944), are mutatis mutandis applicable in so far as those provisions relate to a magistrate of a regional division, and sittings of two or more divisions may be held simultaneously] after consultation with the Magistrates Commission, and such persons shall for the purposes of the Magistrates Act, 1993 (Act No. 90 of 1993), be deemed to be magistrates of a regional division as contemplated in the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944). (c) The [president of a division of the] presiding officer of a court may in his or her discretion summon to his or her assistance two persons to sit and act with him or her as assessors in an advisory capacity on questions of fact.”; 5 10 15 20 25 30 (c) by the substitution in paragraph (a) of subsection (4) for the expression “State 35 President” of the expression “President”; (d) by the substitution for paragraph (b) of subsection (4) of the following paragraphs: “(b) The rules [which the State President has made under the repealed section 13(5) of the Black Administration Act, 1927 (Act No. 38 of 1927), and the substituted section 10(4) of the Black Administration Act, 1927, Amendment Act, 1929 (Act No. 9 of 1929),] for Divorce Courts which are in force on the date of the commencement of the Divorce Courts Amendment Act, 1997, shall remain in force until they are repealed or amended under this subsection: Provided that any rule purporting to restrict access to the Courts on th~ szrounds of a person’s race, shall be invalid and of no force. (bA) Sittings of two or more divisions of the court may be held simultaneously.”; (e) by the substitution for subsection (5) of the following subsection: “(5) An appeal from the judgment of a Divorce Court shall lie to the [provincial or local division of the Supreme Court] High Court having jurisdiction.”; v) by the substitution for subsection (6) of the following subsection: “(6) [Such] An appeal referred to in subsection (5) shall be noted and [prosecuted] c~inued as if it were an appeal [from] against a judgment of a magistrate’s court in a civil matter, and all rules applicable to such lastmentioned appeal, whether in respect of the hearing, [thereof or OH the confirmation or setting aside of the proceedings appealed against, or 40 45 50 55 6 No. I 845 I GOVERNMENT G.4ZElTE, 21 NOVEMBER 1997 Act NO. 65.1997 DIVORCE COURTS AMENDMENT ACT. 1997 otherwise, shall tnutaris mutandis apply to an appeal [under] in terms of this section.”; and (g) by the substitution for subsection (7) of the following subsection: “(7)@J [Nothing in this] This section [shall be construed as in any manner divesting the Supreme Court] does not divest a High Court of 5 jurisdiction in respect of any matter [specified] referred to in subsection (1). ‘ ‘(b) Any person who has been appointed as a Family Advocate or Family Counselor under the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), shall be deemed to have also been appointed 10 in respect of any Divorce Court having jurisdiction in the area for which he or she had been so appointed.”. Substitution of section 11 of Act 9 of 1929