Judicial Matters Amendment Act

The Minister may set different amounts for certain items in subsection (1) for district and regional courts.

Section 30 is amended so the court may grant certain orders against persons and things, subject to the Act’s jurisdiction limits.

The court may attach a non-resident’s person or property to establish or confirm jurisdiction, if the case is within its jurisdiction and the claim is at least R2 500 (excluding recovery costs).

This provision amends section 38 of the Criminal Procedure Act so that, for an accused aged 18 or older, attendance at trial may be secured by arrest, summons, written notice, or indictment, subject to the Child Justice Act.

This section amends Article 29 of the Magistrates' Courts Act, 1944, including the amount limits for certain credit-agreement claims and related court amounts that the Minister may set.

This provision amends Article 30 by replacing subsection (1) and deleting subsection (3).

The court may order arrest or seizure to establish or confirm jurisdiction over a non-resident, if the case is within its jurisdiction and the claim is at least R2 500, excluding recovery costs.

For accused persons aged 18 or older, the court may obtain their presence for trial by written notice, a warrant of arrest, summons, or charge under the Act, subject to section 4(2) of the Child Justice Act, 2008.

A court may allow an accused person to be assisted by another person at criminal proceedings if the court thinks assistance is needed.

This section amends section 271B so that, in specified cases, a person’s criminal record must be expunged after 10 years on written application, unless the person was later convicted and sentenced to imprisonment without the option of a fine.

This section amends section 271C to add more listed contraventions from two other Acts.

This amendment lets an accused person be assisted by someone else in criminal proceedings if the court thinks assistance is needed and the court consents.

This section amends Article 271B to require deletion of a criminal record in specified cases after 10 years, on the person’s written application, subject to stated exceptions.

This section amends Article 271C so it also refers to specified offences under two listed Acts.

The Director-General must notify the applicant and other officials before revoking an expungement certificate, and may revoke it if the applicant gives no compelling written reasons. The Director-General may also delegate certain powers or duties in writing, with limits and continuing responsibility.

This section amends Section 276A of the Criminal Procedure Act, 1977 by replacing part of subsection (1)(b).

The Director-General must notify the applicant, allow written reasons, and notify relevant officials before revoking an expungement certificate; the Director-General or Minister may revoke it if no compelling reasons are given. The Director-General may also delegate certain powers or duties and later confirm, amend, revoke, or withdraw that delegation.

This provision amends sentencing language in section 276A and changes a reference so punishment is imposed only under section 276(1)(i), subject to the Child Justice Act.

This amendment lets certain people convicted in lower courts appeal to the High Court, usually only if leave to appeal is granted, with a special no-leave rule for some life-imprisonment cases.

An accused who wants to appeal a conviction, sentence, or order of a lower court must apply to that court for leave to appeal, subject to section 84 of the Child Justice Act and an exception for a person covered by the first proviso to section 309(1)(a).

This amendment requires the presiding officer to inform certain accused persons about their appeal and legal-representation rights and the procedures for using those rights.

This amendment says certain convicted persons may appeal to the High Court, usually subject to leave to appeal, and a life-sentenced regional-court appellant may appeal without first seeking leave under section 309B.

An accused person who wants to appeal a lower court conviction, sentence, or order must apply to that court for leave to appeal, except for the person covered by the first proviso in article 309(1)(a).

A presiding officer must inform an unrepresented accused, when convicted or sentenced, about appeal and legal-representation rights and how to exercise them, except for a child covered by the Child Justice Act.

This section amends section 28 of the Attorneys Act, 1979, so that the board of control consists of four members of each society elected by that society’s council.

This provision substitutes a new section 29 into the Attorneys Act, 1979, titled “Period of office of members of board of control”.

A member of the board of control serves a three-year term and may be re-elected for only one additional term.

The Board of control may start a private prosecution.

The board of control may start a private prosecution for misappropriation or theft of property or trust money if the chairperson authorizes someone in writing and written notice is given to the provincial society concerned.

The board of control may delegate to its employees the duty to consider claims against the fund, if it follows any conditions it imposes.

This section changes certain wording in the Attorneys Act, 1979 from gendered terms to gender-neutral terms.

A commissioner appointed for one specific court is treated as appointed for any court established under section 2 in that province.

This provision amends Article 28 by replacing subsection (1) so that the control board consists of four members from each order, elected by that order’s council.

A control board member serves for three years and may be reappointed for only one additional term.

The board may institute a private prosecution for misappropriation or theft of property or trust money, subject to written authorization by the chairperson and written notice to the relevant provincial order.

The board may delegate to one of its employees the duty to consider a claim against the fund, subject to conditions set by the board.

This provision amends the Lawyers Act, 1979 by replacing certain masculine pronouns with gender-neutral alternatives, except where the gender-neutral forms already appear.

This section amends section 9 of the Small Claims Courts Act, 1984 by adding a new paragraph about how a commissioner appointed for a specific court is treated.

The Chairperson may delegate powers or functions to an acting Chairperson, either generally or for a specific case, as provided for in section 9(4).

This amendment sets who must chair the Committee meetings when the Chief Justice is absent.

Any person may lodge a complaint about a judge with the Committee Chairperson, who may refer it to the Deputy Chief Justice.

This provision amends section 18 by deleting paragraph (b) from subsection (2).

The Commission must usually tell the respondent, and sometimes the complainant, before asking for a Tribunal to be appointed, and invite written comment.

This provision amends section 34 of the Judicial Service Commission Act, 1994 by replacing wording in subsection (1)(a).

The Chair may delegate any of the Chair’s powers or functions as Chair of the Committee, either generally or for a specific case, to the acting Chair.

If the Chief Justice is absent, the Deputy Chief Justice must chair. If both are absent, the Chief Justice must appoint an acting chairperson; if no appointment is made and the Deputy Chief Justice is also absent, the members must elect a chairperson from among themselves.

Any person may lodge a complaint about a judge with the Chairperson of the Committee.

This provision amends Article 18 of the Judicial Service Commission Act, 1994, by deleting paragraph (b) in subsection (2).

The Commission must, unless acting on certain listed recommendations, tell the respondent—and, if applicable, the complainant—that it is considering asking for a Tribunal and invite written comments before making that request.

This provision amends section 34 of the Judicial Service Commission Act, 1994 by replacing words in subsection (1)(a).

The Minister must make certain regulations, and may make additional regulations about the Commission, judges’ consent applications, and witness expenses.

This section amends section 51 so that a minimum sentence imposed under it cannot be suspended, and the section does not apply to an accused person under 18 at the time of the offence.

This provision amends section 77 by changing two time limits to 180 days.

This section amends section 78 so the application period is 180 days instead of 30 days.

The Minister must make the regulations required by section 13 and may make additional regulations on Commission administration, judges’ applications for written permission, and witness expenses and allowances.

Minimum sentences under this article are generally not suspended, but for an accused aged 16 to under 18 at the time of the offence, no more than half of a sentence under subsection (2) may be suspended; the article also does not apply to an accused under 18 for offences under subsections (1) or (2).

This provision amends article 77 to replace two time limits with 180 days.

This section amends section 78 to change the court-application period from 30 days to 180 days.

This section amends section 82 of the 2000 Act and adds a new paragraph allowing condonation of non-compliance with a 180-day application period where the interests of justice require it.

The Director-General: Justice and Constitutional Development may ask the Director-General about a person's Register status, and the Director-General must reply in writing within 21 working days.

This provision amends the Table of Contents of the Children’s Act, 2005 by adding item 128A, and indicates insertion of section 44A in Act 32 of 2007.

The Director-General: Justice and Constitutional Development may ask the Registrar whether a person’s details are in the Register or have been removed, and the Registrar must answer in writing within 21 working days.

This provision amends Section 66 by deleting subparagraph (ix) in subsection (2)(a).

This provision amends section 82 and adds a paragraph allowing non-compliance with the 180-day application period to be condoned if the interests of justice require it.

A Justice and Constitutional Development Director-General may ask whether a person’s information is in the Register or has been removed, and the other Director-General must reply in writing within 21 working days.

The isiZulu table of contents of the Children’s Act, 2005 is amended by inserting item 128A after item 128.

The Director-General: Justice and Constitutional Development may ask the Registrar whether a person’s details are on the Register or were removed, and the Registrar must reply in writing within 21 working days, subject to article 52.

This section amends the cited Act by deleting subparagraph (ix) in subarticle 2(a).

This section amends the Index to the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 by adding item 44A.

This section amends section 28 so that, when a report is made under paragraph (a), it must be submitted as soon as reasonably possible to the Provincial Commissioner of Police concerned, with a copy sent at the same time to the National Commissioner of Police.

This section amends section 43 so that the new paragraph (c) requires the relevant proceeding to be presided over by a magistrate of the district where the child is alleged to have committed the offence.

A warned parent, appropriate adult, or guardian must attend the proceedings unless exempted under subsection (5).

This section states that section 75 of the Child Justice Act, 2008 is substituted with new text, but the provided excerpt cuts off before the replacement wording is complete.

A child justice court may impose correctional supervision when it convicts a child of an offence.

This provision amends the contents page by adding a new heading after section 44.

This amendment changes the wording for how a report must be sent to the relevant Provincial Police Commissioner and copied to the National Commissioner.

This provision amends Article 43 of the Setswana text of the Child Justice Act, 2008.

A child’s parent, suitable adult, or instructed representative must attend the proceedings, unless barred under the referenced exception.

Article 75 in the Setswana text of the Child Justice Act, 2008 is replaced with a new article.

A children’s court may make a sentence/order for review by a prison supervisor in specified child cases.

Children convicted under this Act are covered by Chapter 30 review rules, and certain custodial sentences must be reviewed by a High Court judge.

The Director-General must notify the applicant, give them time to make written reasons, and later notify the applicant and the police records centre if a certificate of expungement is revoked. The Director-General or Minister may revoke the certificate if the applicant did not qualify and no compelling reasons are provided.

This provision amends section 85 of the Child Justice Act text by replacing subsection (1) with a rule about when certain child criminal cases may be reviewed.

The Director-General must notify the applicant and other officials, allow 90 working days for written reasons, and can set aside a certificate of expungement if the applicant does not provide reasonable grounds.

This section substitutes a new section 100 in the Setswana text of the Child Justice Act, 2008.

This section gives the Act its name and says it starts in April 2010, unless the President sets an earlier date by notice in the Gazette.

This section amends section 3 of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009 by replacing “2008” with “2009” in subsections (2) and (3).

This provision replaces Article 100 of the Setswana text of the Child Justice Act, 2008 with a new subsection.

This section says the Act is called the Child Justice Act, 2008, and it starts in April 2010 or earlier if the President sets an earlier date by notice in the Gazette.

This section amends a Siswati-text provision by replacing “2008” with “2009” in specified subsections, and it states that certain articles are deemed to have commenced on earlier dates.