The following section is hereby substituted for section 10 of the principal Act:
Qualified and fit-and-proper people may be appointed as magistrates, and only listed regional-division magistrates may adjudicate certain civil disputes.
2. The following section is hereby substituted for section 10 of the principal Act: "Qualifications for appointment of judicial officers LO. Subject to the provisions of the Magistrates Act, 1993 (Act No. 90 of 1993), any appropriatelY qualified woman or man who is a fit and proper person may be appointed as a magistrate. an additional magistrate or a 25 magistrate of a regional division.". 4 No. 33852 GOVERNMENT GAZETTE, 7 DECEMBER 2010 Act No. 19 of 2010 MAGISTRATES' COURTS AMENDMENT ACT, 2010 Amendment of section 12 of Act 32 of 1944, as amended by section 9 of Act 40 of 1952, section 25 of Act 94 of 1974, section 5 of Act 66 of 1998 and section 4 of Act 31 of 2008 3, Section 12 of the principal Act is hereby amended by the substitution for subsections (6), (7) and (8) of the following subsections, respectively: "(6) Only a magistrate of a regional division whose name appears on the list referred to in subsection (7), may adjudicate on civil disputes [as) contemplated in section 29( I) [and) or 29( IB), in accordance with the criteria set out in subsection m (7) The Magistrates Commission must enter the names of magistrates of regional divisions on a list of magistrates [for the adjudication of] who may adjudicate on civil disputes contemplated in= section 29(1) [and] or 29(IB); or !.!!l (b) both sections 29(1) and 29( IB). (8) The Magistrates Commission may only enter the name of a magistrate on the list in tenns of subsection (7) if one or more places have been appointed in tenns of section 2(1)(iA) within the regional division in respect of which the magistrate in question had been appointed for the adjudication of civil disputes, and- 5 10 15 (a) (b) (e) the head of the South African Judicial Education Institute has issued a duly signed certificate that the magistrate has successfully completed an 20 appropriate training course in the adjudication of civil disputes; or the Magistrates Commission is satisfied that, before the establishment of the Institute referred to in paragraph (aj, the magistrate has successfully completed an appropriate training course in the adjudication of civil disputes; or the Magistrates Commission is satisfied that the magistrate, on account of previous experience[- 25 (i) (ii) as a magistrate presiding over the adjudication of civil disputes; or as a legal practitioner with at least five years' experience in 30 the administration of justice], has suitable knowledge of, and expertise in, civil litigation matters to preside over the adjudication of civil disputes contemplated in section 29 (I) landl or 29(IB) or both sections 29(1) and 29(1B).". Amendment of section 15 of Act 32 of 1944, as amended by section 11 of Act 40 of 35 1952, section 2 of Act 19 of 1963, section 29 of Act 70 of 1968, section 26 of Act 94 of 1974, section 1 ofAct 59 of 1982, section 64 ofAct 90 of 1986 and section 4 of Act 18 of 1996