Judicial Matters Second Amendment Act
The amendment says presiding officers for the division must be appointed in permanent capacity after consultation with the Magistrates Commission, and that they are treated as regional division magistrates for the stated purposes.
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The amendment says presiding officers for the division must be appointed in permanent capacity after consultation with the Magistrates Commission, and that they are treated as regional division magistrates for the stated purposes. For certain master agreements, unperformed obligations end automatically when a party’s estate is sequestrated, the obligations are valued at market value, netted, and only the net amount is payable. This provision amends section 4 so that, in certain prosecutions, proof of possession or the acts mentioned in section 2(d), (j) or (l) can be enough to show lack of lawful authority or excuse unless contrary evidence raises reasonable doubt. Before deciding a bail application, the court must consider any available pre-trial services report about whether the accused should be released on bail. This amendment lets a court impose imprisonment together with correctional supervision, and also impose the punishments listed in subsection (1)(h) or (i) for any offence, except where a sentence under section 51(1) or (2) read with section 52 of the Criminal Law Amendment Act, 1997 is intended.
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Provisions of Judicial Matters Second Amendment Act
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- 1 Verify source ↗
Section 10 of the Administration Amendment Act, 1929, is hereby amended -
The amendment says presiding officers for the division must be appointed in permanent capacity after consultation with the Magistrates Commission, and that they are treated as regional division magistrates for the stated purposes.
1. Section 10 of the Administration Amendment Act, 1929, is hereby amended - following substitution in subsection (3) for paragraph ( a ) by the (b) of the paragraph: the “(b) A division of cow- and the Minister of Justice shall consist of one or morepresiding officers, one of whom shall be the president of the division, who shall be fit and appointed by proper persons permanent capacity after consultation with the Magistrates Commission[,]; 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).”; and (b) by the insertion after subsection (3) of the following subsection: “(3A) Section 9 of the Magistrates’ Courts Act, 1944 (Act No. 32 of or 1944), relating to the appointment temporary capacity is changes required by the context in respect of the appointment of acting or temporary presiding officers of Courts of magistrates in an acting under this section.”. applicable with the established Substitution of section 35B of Act 24 of 1936, as inserted by section 1 of Act 32 of 1995 - 2 Verify source ↗
The following section is hereby substituted for section 35B of the Insolvency Act,
For certain master agreements, unperformed obligations end automatically when a party’s estate is sequestrated, the obligations are valued at market value, netted, and only the net amount is payable.
2. The following section is hereby substituted for section 35B of the Insolvency Act, 1936: “Agreements 30 providing netting termination and for 35B. (1) Notwithstanding any rule of the common law to the contrary, all unperformed obligations arising out of one or more master agreements between the parties, or obligations arising from such agreement or agreements in respect of assets in which ownership has been transferred as coiiaterai security, snaii, upon tihe sequestration of the estate of a party to such master ageement, terminate automatically at the date of sequestra- tion, the values of those obligations shall be calculated at market value as at that date, the values so calculated shall be netted and the net amount shall be payable. 10 15 20 25 35 40 6 No. 26206 GAZETTE, GOVERNMENT 31 MARCH 2004 Act No. 55,2003 NDICIAL MATTERS SECOND AMENDMENT ACT, 2003 (2) For purposes of this section “master agreement” means- ( a ) an agreement in accordance with standard terms published by the International Swaps and Derivatives Association, the International Securities Lenders Association, the Bond Market Association or the International Securities Market Association, or any similar agreement, which provides that, upon the sequestration of one of the parties- (i) all unperformed obligations of the parties in terms of the agreement- (aa) terminate or may be terminated; or (bb) become or may become due immediately; and the values of the unperformed obligations are determined or may be determined; and the values are netted or may be netted, so that only a net amount (whether in the currency of the Republic or any other currency) is payable to or by a party, (ii) (iii) and which may further provide that the values of assets which have been transferred as collateral security for obligations under that agreement shall be included in the calculation of the net amount payable upon sequestration; or (b) any agreement declared by the Minister, after consultation with the Minister of Finance, by notice in the Gazette to be a master agreement for the purposes of this section. (3) The provisions of this section shall not apply to- (a) a transaction contemplated in section 35A; or ( b ) a netting arrangement contemplated in the National Payment System Act, 1998 (Act No. 78 of 1998). (4) Section 341(2) of the Companies Act, 1973 (Act No. 61 of 1973), and 29 and 30 of this Act shall not apply to dispositions sections 26, in terms of a master agreement.”. Amendment of section 4 of Act 16 of 1965, as amended by section 4 of Act 18 of 1996 30 - 3 Verify source ↗
Section 4 of the Prevention of Counterfeiting of Currency Act, 1965, is hereby
This provision amends section 4 so that, in certain prosecutions, proof of possession or the acts mentioned in section 2(d), (j) or (l) can be enough to show lack of lawful authority or excuse unless contrary evidence raises reasonable doubt.
3. Section 4 of the Prevention of Counterfeiting of Currency Act, 1965, is hereby amended by the substitution for subsection (2) of the following subsection: “(2) If in any prosecution for a contravention of paragraph (d), ( j ) or ( I ) of section [two] 2 the question arises whether any person had lawful authority or excuse for possessing or doing any thing referred to in the said paragraphs, [the 35 onus of proving that such was the case shall be on the accused] in the absence of evidence to the contrary which raises reasonable doubt, proof of possession or said paragraphs (d), 0’) and (1) shall be sufficient conduct contemplated in the evidence of the absence of lawful authority or excuse.”. Amendment of section 60 of Act 51 of 1977, as substituted by section 3 of Act 75 of 40 1995 and amended by section 4 of Act 85 of 1997, section 5 of Act 34 of 1998 and section 9 of Act 62 of 2000 - 4 Verify source ↗
Section 60 of the Criminal Procedure Act, 1977, is hereby amended by the insertion
Before deciding a bail application, the court must consider any available pre-trial services report about whether the accused should be released on bail.
4. Section 60 of the Criminal Procedure Act, 1977, is hereby amended by the insertion after subsection (2) of the following subsection: “(2A) The court must, before reaching a decision on the bail application, 45 take into consideration any pre-trial services report regarding the desirabil- ity of releasing an accused on bail, if such a report is available.”. Amendment of section 276 of Act 51 of 1977, as amended by section 3 of Act 107 of 1990, section 41 of Act 122 of 1991, section 18 of Act 139 of 1992, section 20 of Act 116 of 1993, section 2 of Act 33 of 1997 and section 34 of Act 105 of 1997 50 - 5 Verify source ↗
Section 276 of the Criminal Procedure Act, 1977, is hereby amended by the
This amendment lets a court impose imprisonment together with correctional supervision, and also impose the punishments listed in subsection (1)(h) or (i) for any offence, except where a sentence under section 51(1) or (2) read with section 52 of the Criminal Law Amendment Act, 1997 is intended.
5. Section 276 of the Criminal Procedure Act, 1977, is hereby amended by the substitution for subsection (3) of the following subsection: 8 GAZETTE. GOVERNMENT No. 26206 3 1 MARCH 2004 Act No. 55.2003 JUDICI4L M.4TTERS SECOND AMENDMENT ACT. 2003 “(3) Notwithstanding anything to the contrary in any law contained, other than the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), the provisions of subsection (1) shall not be construed as prohibiting the court- ( a ) from imposing imprisonment together with correctional supervision: 5 or jb) from imposing the punishment referred to in subsection (I)(h) or ( i ) in respect of any offence, whether under the common law or a statutory provision, irrespective of whether the law in question provides for such or any other punishment: Provided that any contemplated in this paragraph may not be imposed in any case where the court intends imposing a sentence contemplated in section 5 1 ( 1 ) or (2), read with section 52, of the Criminal Law Amendment Act, 1997.”. punishment 10 Insertion of section 299A in Act 51 of 1977 15 - 6 Verify source ↗
The following section is hereby inserted in the Criminal Procedure Act, 1977, after
For certain serious offences, the complainant—or in murder cases, a present immediate relative of the deceased—must be told they may make representations or attend a parole board meeting, subject to correctional directives.
6. The following section is hereby inserted in the Criminal Procedure Act, 1977, after section 299: “Right of complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision 20 299A. (1) When a court sentences a person to imprisonment for- (a) murder or any other offence which involves the intentional killing of t person; ( b ) rape; ( c ) robbery where the wielding of a fire-arm or any other dangerou: weapon or the infliction of grievous bodily harm or the robbery of t motor vehicle is involved; (d) assault of a sexual nature; ( e ) kidnapping; or any conspiracy, incitement or contemplated in paragraphs (a) to ( e ) , attempt to commit any offence it shall inforn- (i) (ii) the complainant; or in the case of murder or any other offence contemplated in paragraph (a), any immediate relative of the deceased, if he or she is present that he or she has a right, subject to the directives issued by the Commissioner of Correctional Services under subsection (4), to make representations when placement of the prisoner on parole, on day parole or under correctional supervision is considered or to attend any relevant meeting of the parole board. (2) If the complainant or a relative intends to exercise the right contemplated in subsection (1) by making representations to or attending a meeting of the parole board, he or she has a duty- 25 30 35 40 (i) to inform the Commissioner of Correctional Services thereof in 45 (ii) writing; to provide the said Commissioner with his or her physical address in writing; and postal and (iii) to inform the said Commissioner in writing of any change of address. accordingly and that parole board shall (3) The Commissioner of Correctional Services shall inform the parole inform the board in question complainant or relative in writing when and to whom he or she may make representations or when and where a meeting will take place. (4) i a ) The Commissioner of Correctional Services must issue directives regarding the manner and circumstances in which a complainant or relative contemplated in subsection (1) may exercise the right contemplated in that subsection. (r?) Directives issued under paragraph ( a ) must be published in the Gazette. 50 55 10 No. 26206 GOVERNMENT GAZETTE, 3 1 MARCH 2004 Act No. 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003 (c) Before the directives issued under paragraph (a) are published in the Gazette, the Commissioner of Correctional Services must submit them to first directives so issued, must Parliament, and the Parliament within three months of the commencement of this section. be submitted to (d) Any directive issued under paragraph (a) may be amended or 5 withdrawn in like manner.”. Amendment of section 342A of Act 51 of 1977, as inserted by section 13 of Act 86 of 1996 - 7 Verify source ↗
Section 342A of the Criminal Procedure Act, 1977,
The National Director of Public Prosecutions must send biannual reports on certain awaiting-trial accused to the justice portfolio Cabinet member, who must then table the report in Parliament.
7. Section 342A of the Criminal Procedure Act, 1977, is hereby amended by the addition of the following subsection: “(7) (a) The National Director of Public Prosecutions must, within 14 days after the end of January and of July of each year, submit a report to the Cabinet member responsible for the administration of justice, contain- ing the particulars indicated in the Table of Awaiting Trial Accused in respect of each accused whose trial has not yet commenced in respect of the leading of evidence, as contemplated in section 150 and who, by the end of the month exceeding- in custody for a continuous period in question, has been (i) 18 months from date of arrest, where the trial is to be conducted in a High Court; (ii) 12 months from date of arrest, where the trial is to be conducted in a regional court; and (iii) six months from date of arrest, where the trial is to be conducted in a magistrate’s court. (b) The Cabinet member responsible for the administration of justice must, within 14 days of receipt of a report contemplated in paragraph (a), table such report in Parliament. 10 15 20 25 Table of Awaiting Trial Accused Court and case number Name and of ac- cused Particulars of chargeis) age Period in detention Number of court ap- pearances Date of next court ap- pearance Reasons why trial has not commenced I Insertion of section 13B in Act 53 of 1979 30 Whether bail has been granted and if so. the conditions of bail”. - 35 - 8 Verify source ↗
The following section is hereby inserted in the Attorneys Act, 1979, after section
This section inserts a new section into the Attorneys Act titled “Certain attorneys to complete training in legal practice management.”
8. The following section is hereby inserted in the Attorneys Act, 1979, after section 13A: “Certain attorneys to complete training in legal practice management 40 - 13B Verify source ↗
After the
Certain attorneys must complete an approved legal practice management course before they can practise in specified new circumstances.
13B. After the commencement of the Judicial Matters Second Amendment Act, 2003, every attorney who, for the first time, practises as a partner in a firm of attorneys or who practises on his or her own account, must- (a) within the period contemplated in section 74( l)(dA); and (6) after payment of the fee prescribed in terms of section SO( l)(i), complete a legal practice management course approved by the council of the province in which he or she practises.”. 45 Amendment of section 74 of Act 53 of 1979, as amended by section 26 of Act 87 of 50 1989 and section 18 of Act 115 of 1993 - 9 Verify source ↗
Section 74 of the Attorneys Act, 1979, is hereby amended by the
This section amends section 74 of the Attorneys Act to add legal practice management courses for attorneys and a period for completing them.
9. Section 74 of the Attorneys Act, 1979, is hereby amended by the insertion in subsection (1) after paragraph (d) of the following paragraph: ”(dA) iegal practice management courses to be completed by attorneys as contemplated in section 13B and determine the period within which courses must be completed;” such 55 12 No. 26206 GOVERNMENT GAZETTE, 3 1 MARCH 2004 Act No. 55,2003 JUDlCIAL MATTERS SECOND AMENDMENT ACT. 2003 Amendment of section 80 of Act 53 of 1979, as amended by section 10 of Act 108 of 1984, section 19 of Act 115 of 1993 and section 12 of Act 104 of 1996 - 10 Verify source ↗
Section 80 of the Attorneys Act, 1979, is hereby
This section amends section 80 of the Attorneys Act, 1979 by adding completion of legal practice management courses under section 13B.
10. Section 80 of the Attorneys Act, 1979, is hereby amended by the addition to subsection (1) of the following paragraph: “li) the completion of legal practice management courses as contemplated in section 13B.”. 5 Amendment of section 7 of Act 70 of 1979, as amended by section 36 of Act 88 of 1984, section 2 of Act 3 of 1988, section 2 of Act 7 of 1989 and section 1 of Act 44 of 1992 - 11 Verify source ↗
Section 7 of the Divorce Act, 1979, is hereby amended by the
The court registrar must promptly notify the relevant fund to make an endorsement in its records, and the pension fund administrator must provide written proof of that endorsement to the registrar within one month after receiving the notification.
11. Section 7 of the Divorce Act, 1979, is hereby amended by the subsection @)(a) for subparagraph (ii) of the following subparagraph: substitution in 10 “(ii) the registrar of the court in question forthwith notify the fund concerned that an endorsement be made in the records of that fund that that part of the so payable to that other party and that the pension interest concerned is administrator of the pension fund furnish proof of such endorsement to the 15 registrar, in writing, within one month of receipt of such notification;”. Amendment of section 1 of Act 90 of 1986, as amended by section 1 of Act 74 of 1998 - 12 Verify source ↗
Section I of the Sheriffs Act, 1986, is hereby amended by the substitution for the
This section changes the definition of “Board” to mean the South African Board for Sheriffs, and for Chapter IV also includes a disciplinary committee.
12. Section I of the Sheriffs Act, 1986, is hereby amended by the substitution for the definition of ‘‘Board’’ of the following definition: “ ‘Board’ means the South African Board for Sheriffs established by section 7, and 20 includes, for the purposes of Chapter IV (excluding section 52), a disciplinary committee:”. Substitution of section 7 of Act 90 of 1986 - 13 Verify source ↗
The following section is hereby substituted for section 7 of the Sheriffs Act, 1986:
This section replaces section 7 of the Sheriffs Act, 1986 with a new section titled “Establishment of South Sheriffs Board for African”.
13. The following section is hereby substituted for section 7 of the Sheriffs Act, 1986: “Establishment of South Sheriffs Board for African - 7 Verify source ↗
There is hereby established a board to be known as the South African
A board called the South African Board for Sheriffs is established as a juristic person.
7. There is hereby established a board to be known as the South African Board for Sheriffs and which shall be a juristic person.”. Substitution of long title of Act 90 of 1986 - 14 Verify source ↗
The following long title is hereby substituted for the long title to the Sheriffs Act,
The provision substitutes a new long title for the Sheriffs Act, 1986.
14. The following long title is hereby substituted for the long title to the Sheriffs Act, 1986: “To provide for the appointment of sheriffs, the establishment of a South African Board for Sheriffs and a Fidelity Fund for Sheriffs, the regulation of the conduct of sheriffs, and matters connected therewith.”. 25 30 Amendment of section 5 of Act 24 of 1987, as amended by section 2 of Act 121 of 1991 and section 9 of Act 86 of 1997 35 - 15 Verify source ↗
Section 5 of the Mediation in Certain Divorce Matters Act, 1987, is hereby
This section amends section 5 of the Mediation in Certain Divorce Matters Act, 1987, by inserting a new paragraph after paragraph (d).
15. Section 5 of the Mediation in Certain Divorce Matters Act, 1987, is hereby amended by the insertion in subsection (1) after paragraph (d) of the following paragraph: out by a Family Advocate as contemplated in section lO(1A) of the Maintenance Act, 1998 (Act No. 99 of 1998), and section 5(1A) of the Domestic Violence Act. 1998 (Act No. 116 of 1998);”. 40 14 No. 26206 GOVERNMENT GAZETTE, 3 1 MARCH 2004 Act No. 55,2003 JUDICIAL M A T E R S SECOND AMENDMENT ACT. 2003 Amendment of section 10 of Act 99 of 1998 - 16 Verify source ↗
Section I0 of the Maintenance Act, 1998, is hereby amended by the insertion after
A maintenance court may, if circumstances permit and a Family Advocate is available, order an investigation during the enquiry about the welfare of a minor or dependent child.
16. Section I0 of the Maintenance Act, 1998, is hereby amended by the insertion after subsection (1) of the following subsection: “(1A) Where circumstances permit and where a Family Advocate is available, a maintenance court may, in the circumstances as may be prescribed in the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), at any time during the enquiry, cause an investigation to be carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987, in whose area of jurisdiction that maintenance court is, with regard to the welfare of any minor or dependent child affected by such enquiry, whereupon the provisions of that Act apply with the changes required by the context.”. Amendment of section 16 of Act 99 of 1998 - 17 Verify source ↗
Section 16 of the Maintenance Act, 1998, is hereby amended by the substitution
Courts covered by this amendment must make an order for periodic payments in maintenance cases when the stated conditions are met.
17. Section 16 of the Maintenance Act, 1998, is hereby amended by the substitution for paragraph ( a ) of subsection (2) of the following paragraph: “(a) Any court- 5 10 15 (i) that has at any time, whether before or after the commencement of this Act, made a maintenance order under subsection (l)(a)(i) or (b)(i); (ii) that makes such a maintenance order; or (iii) that convicts any person of an offence referred to in section 3 1( l), shall, subject to paragraph (b)(i), make an order directing any person, including any 20 administrator of a pension fund, who is obliged under any contract to pay any sums of money on a periodical basis to the person against whom the maintenance order in question has been or is made, to make on behalf of the latter person such periodical payments from moneys at present or in future owing or accruing to the latter person as may be required to be made in accordance with that maintenance 25 order if that court is satisfied- (aa) in the case of subparagraph (i), after hearing such evidence, either in writing or orally, as that court may consider necessary; (bb) in the case of subparagraph (ii), after referring to the evidence adduced at the enquiry or the application for an order by default, as the case may be; or 30 (cc) in the case of subparagraph (iii), after referring to the evidence at the trial, that it is not impracticable in the circumstances of the case.”. Amendment of section 26 of Act 99 of 1998, as amended by section 18 of Act 42 of 2001 - 18 Verify source ↗
Section 26 of the Maintenance Act, 1998, is hereby amended-
This section amends the Maintenance Act so a maintenance-order debtor must have failed to pay a required amount, and the person owed maintenance may apply to court after 10 days of non-payment.
18. Section 26 of the Maintenance Act, 1998, is hereby amended- 35 (a) by the substitution in subsection (1) for paragraph ( a ) of the following paragraph: “(a) against whom any maintenance order has been made [under this Act] has failed to make any particular payment in accordance with that maintenance order; or” ; and 40 ( b ) by the substitution in subsection (2) for paragraph ( a ) of the following paragraph: “(a) If any maintenance order [made under this Act] or any order made under section 16(l)(a)(ii), 20 or 21(4) has remained unsatisfied for a period of ten days from the day on which the relevant amount became 35 payable or any such order was made, as the case may be, the person in whose favour any such order was made may apply to the maintenance court where that person is resident- (i) for the authorisation of the issue of a warrant of execution referred to in section 27(1); for an order for the attachment of emoluments referred to in section 28(1); or 50 (ii) (jii) for an order for the attachment of any debt referred to in section 3@(1).”. 26206 16 No. GAZETTE, GOVERNMENT 2004 31 MARCH Act No. 55,2003 JTJDICIAL MATTERS SECOND AMENDMENT ACT, 2003 Amendment of section 5 of Act 116 of 1998 - 19 Verify source ↗
Section 5 of the Domestic Violence Act, 1998, is hereby amended by the insertion
This section amends the Domestic Violence Act, 1998 by inserting a new subsection about a court causing a Family Advocate investigation concerning the welfare of a minor.
19. Section 5 of the Domestic Violence Act, 1998, is hereby amended by the insertion after subsection (1) of the following subsection: contemplated in subsection (l), cause an investigation to be carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987, in whose area of jurisdiction that court is, with regard to the welfare of any minor or of that Act a 1 with the chan es re uired b the context.”. Amendment of section 10 of Act 2 of 2000, as amended by section 24 of Act 42 of 2001 - 20 Verify source ↗
Section 10 of the Promotion of Access to Information Act, 2000, is hereby
The Human Rights Commission must compile a guide in each official language within three years after this section starts.
20. Section 10 of the Promotion of Access to Information Act, 2000, is hereby amended by the substitution for subsection (1) of the following subsection: 15 “(1‘1 The Human Rights Commission must, within [ l S months] three years after in each official language a guide the commencement of this section, compile containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in this Act.”. 20 Substitution of section 12 of Act 2 of 2000, as substituted by section 25 of Act 42 of 2001 - 21 Verify source ↗
The following section is hereby substituted for section 12 of the Promotion of
This section replaces section 12 of the Promotion of Access to Information Act, 2000.
21. The following section is hereby substituted for section 12 of the Promotion of Access to Information Act, 2000: “Act not applying to certain public bodies or officials thereof 25 - 12 Verify source ↗
This Act does not apply to a record-
This Act does not apply to certain records, including Cabinet records, judicial-function records, some parliamentary records, and records tied to specified judicial appointment decisions.
12. This Act does not apply to a record- (a) of the Cabinet and its committees; (b) relating to the judicial functions of- (i) a court referred to in section 166 of the Constitution; (ii) a Special Tribunal established in terms of section 2 of the 30 Special Investigating Units and Special Tribunals Act, 1996 (Act 74 of 1996); or (iii) a judicial officer of such court or Special Tribunal; [or] (c) of an individual member of Parliament or of a provincial legislature in that capacity[.] (d) relating to a decision referred to in paragraph (gg) of the definition of “administrative action” in section 1 of the Promotion of Administra- tive Justice Act, 2000 (Act No. 3 of 2000), regarding the nomination, selection or appointment of ajudicial officer or any other person by the Judicial terms Commission in Service law.”. any of 35 40 Amendment of section 44 of Act 2 of 2000, as amended by section 36 of Act 42 of 2001 - 22 Verify source ↗
Section 44 of the Promotion of Access to Information Act,
This amendment narrows when a record can be refused: records that are accounts or statements of reasons required under section 5 of the Promotion of Administrative Justice Act generally may not be refused, except in a specified Judicial Service Commission nomination/selection/appointment context.
22. Section 44 of the Promotion of Access to Information Act, 2000, is hereby amended by the substitution for subsection (4) of the following subsection: “(4) A record may not be refused in terms of subsection (1) or (2) insofar 45 as it consists of an account or a statement of reasons required to be given in accordance with section 5 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), except if the record relates to a decision referred to in paragraph (gg) of the definition of “administrative action” in section 1 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), 50 regarding the nomination, selection or appointment of a judicial officer or any other person by the Judicial Service Commission in terms of any law.”. 18 No. 26206 ~~ ~~ ~ GOVERNMENT GAZETTE, 31 MARCH 2004 Act No. 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003 Amendment of section 79 of Act 2 of 2000 - 23 Verify source ↗
Section 79 of the Promotion of Access
This provision amends section 79 and requires the Rules Board for Courts of Law to make rules of procedure within four years after this section starts.
23. Section 79 of the Promotion of Access to Information Act, 2000, is hereby amended- (a) by the substitution in subsection (1) for the words preceding paragraph (a) of words: following the ( h ) by the “(1) The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must within [12 months] four years after the commencement of this section, make [and implement] rules of procedure for-”; and substitution for subsection “(2) [Before the implementation ofl (2) of the the rules of procedure in terms of subsection ( l ) ( a ) come into operation, an application in terms of be lodged with a High Court or another court section 78 [may only] [of similar status] having jurisdiction.”. following subsection: Substitution of section 90 of Act 2 of 2000 - 24 Verify source ↗
The following section is hereby substituted for section 90 of the Promotion of
This section creates offences for destroying, hiding, altering, or falsifying records to deny access rights, and for certain officers or private-body heads who fail to comply with sections 14 or 51.
24. The following section is hereby substituted for section 90 of the Promotion of Access to Information Act. 2000: “Offences 90. - (1) A person who with intent to deny a right of access in terms of this 5 10 15 Act- ( a ) destroys, damages or alters a record, (b) conceals a record; or (c) falsifies a record or makes a false record, commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years. (2) An information officer who wilfully or in a grossly negligent manner fails to comply with the provisions of section 14 commits an offence and is fine, or to imprisonment for a period not exceeding liable on conviction to a two years. (3) A head of a private body who wilfully or in a grossly negligent manner fails to comply with the provisions of section 51 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two vears.”. 20 25 30 Amendment of section 92 of Act 2 of 2000 - 25 Verify source ↗
Section 92 of the Promotion of Access
This amendment allows a regulation under subsection (1) to make contravention or non-compliance an offence, punishable on conviction by a fine or imprisonment.
25. Section 92 of the Promotion of Access to Information Act, 2000, is hereby 35 amended bv the addition of the following subsection: Y “(4) Any regulation in terms of subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction liable to a fine or to imprisonment for a period exceeding years.”. two not 40 Amendment of section 1 of Act 3 of 2000, as amended by section 1 of Act 53 of 2002 - 26 Verify source ↗
Section 1 of the Promotion of Administrative
This section amends the definition of “administrative action” in the Promotion of Administrative Justice Act, 2000.
26. Section 1 of the Promotion of Administrative Justice Act, 2000, is hereby amended by the substitution for paragraph (gg) of the definition of “administrative action” of the following paragraph: “(gg) a decision relating to any aspect regarding the nomination, selection or 45 appointment of a judicial officer or any other person, by the Judicial Service Commission in terms of any law;”. 20 No. 26206 GOVERNMENT GAZETTE, 31 MARCH 2004 Act No. 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003 Amendment of section 7 of Act 3 of 2000 - 27 Verify source ↗
Section 7 of the Promotion of Administrative Justice Act, 2000, is hereby
This section amends section 7 and requires the Rules Board for Courts of Law to make rules of procedure for judicial review within three years after commencement of section 10. Until those rules take effect, judicial review proceedings must start in a High Court or another court with jurisdiction.
27. Section 7 of the Promotion of Administrative Justice Act, 2000, is hereby amended- (aj by the substitution for subsection (3) of the following subsection: “(3) The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must within [one year] three years after the date of commencement of section 10 of this Act, make [and implement] rules of procedure forjudicial review.”; and 5 ( h ) by the substitution for subsection (4) of the following subsection: “(4) [Before the implementation of] Until the rules of procedure referred to in subsection (3) come into operation, all proceedings for judicial review under this Act must be instituted in a High Court or [the Constitutional Court] another court having jurisdiction.”. 10 Amendment of section 16 of Act 4 of 2000, as substituted by section 1 of Act 52 of 15 2002 - 28 Verify source ↗
Section 16 of the Promotion of Equality and Prevention of Unfair Discrimination
The Minister must, after consultation, publish Gazette notices to designate equality courts, set or change their jurisdiction, and appoint sitting places; pending equality court matters must still be completed by that court.
28. Section 16 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, is hereby amended by the substitution in subsection (1) for paragraph (cj of the following paragraph: “ ( c ) the Minister must, after consultation with the head of an administrative region 20 defined in section 1 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), by notice in the Gazette- (i) designate one or more magistrate’s courts as equality courts for the administrative region concerned; (iij define the area of jurisdiction of each equality court, which may 25 consist of any number of districts, sub-districts or other areas of jurisdiction created in terms of section 2 of the Magistrates’ Courts Act, 1944; increase or reduce the area of jurisdiction of each equality court; (iii) (iv) appoint one or more places within the area of jurisdiction of each 30 equality court for the holding of equality court sittings; (v) withdraw or vary any notice under this paragraph[; and]; Provided that any proceedings pending before an equality court which are not finalised at the time of the publication of a notice in the Gazette as contemplated in this paragraph, must be finalised by that court, as if such 35 notice had not been published; and”. Amendment of section 17 of Act 4 of 2000, as amended by section 2 of Act 52 of 2002 - 29 Verify source ↗
Section 17 of the Promotion of Equality and Prevention of Unfair Discrimination
The Director-General may delegate powers under this section to an officer employed by the Department, but only on conditions he or she determines in writing.
29. Section 17 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, is hereby amended by the addition of the following subsection: “(4) The Director-General may, sub.ject to such conditions as he or she 40 may determine, in writing delegate any power conferred on him or her by this section to an officer employed by the Department, but shall not be divested of any power or set aside any decision of the delegatee made in the exercise of such power.”. so delegated and may amend 22 No. 26206 GAZETTE, GOVERNMENT 3 1 MARCH 2004 Act No. 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003 Amendment of section 2 of Act 42 of 2000 - 30 Verify source ↗
Section 2 of the Cross-Border Insolvency Act, 2000, is hereby amended by the
If the Minister withdraws a notice under subsection (3), that withdrawal does not affect any pending legal proceedings.
30. Section 2 of the Cross-Border Insolvency Act, 2000, is hereby amended by the addition of the following subsection: “(5) Where the Minister withdraws a notice in terms of subsection (3), such withdrawal does not affect any pending legal proceedings and such proceedings must continue as if the notice had not been withdrawn.”. 5 Amendment of section 11 of Act 47 of 2001 - 31 Verify source ↗
Section 11 of the Judges’ Remuneration and Conditions of Employment Act,
A surviving spouse or partner of a qualifying Constitutional Court judge must be paid a survivor amount starting the month after the judge dies, and it lasts until the spouse or partner dies.
31. Section 11 of the Judges’ Remuneration and Conditions of Employment Act, 2001, is hereby amended by the substitution for subsection (7) of the following subsection: 10 “(7) The surviving spouse or partner of a Constitutional Court judge or judge referred to in subsection (2) or (4) must, with effect from the first day of the month immediately succeeding the month in which he or she equal to two thirds of the salary which was dies, be paid an amount payable to that Constitutional Court judge or judge in terms of subsection (3)(a) or (5)(a), which amount shall be payable until the death of such spouse or partner: Provided that if the Constitutional Court judge or judge is survived by more than one spouse, the amount concerned shall be divided equally between the judge concerned determined otherwise in accordance with a regulation made under section 13(l)(cB).”. the spouses concerned, unless 15 20 Amendment of section 16 of Act 47 of 2001 - 32 Verify source ↗
Section 16 of the Judges’ Remuneration and Conditions of Employment Act,
This section amends judge remuneration rules for surviving spouses and related payment adjustments.
32. Section 16 of the Judges’ Remuneration and Conditions of Employment Act, 2001, is hereby amended- ( a ) by the substitution in subsection (4) for paragraphs (b) and (c) of the following 25 paragraphs, respectively: “(b) After [the commencement of this section] 3 May 2002, any surviving spouse of a retired judge referred to in paragraph ( a ) shall be paid with effect from the first day of the month immediately succeeding the day on which the retired judge dies or died, an amount equal to [one halfl three quarters of the amount to which his or her deceased spouse would have been entitled under paragraph (a). (c) Any surviving spouse of a judge who retired as a judge in terms of the Judges’ Pensions Act, 1978, and who, [at the commencement of this section] on or after 3 May 2002, receives a pension in terms of the said Act, is, from [the date of commencement of this section] 3 May 2002 or any later date from which such surviving spouse is entitled to such a pension, entitled to an amount equal to [one halfl three quarters of the amount to which his or her deceased spouse would have been entitled under paragraph (a).”; and ( b ) by the addition to subsection (4) of the following paragraphs: “ ( d ) The amounts payable to a surviving spouse contemplated in paragraphs (b) and (c) shall be payable until the death of such spouse. ( e ) The amounts payable to persons in terms of this subsection shall be adjusted whenever the annual salary payable to a Constitutional Court judge or a judge, as the case may be, is increased. (fl In applying this subsection, no person may be paid an amount which is less than that which he or she received before any adjustment was made under this subsection.”. Repeal of section 18 of Act 28 of 2003 - 33 Verify source ↗
Section 18 of the Judicial Officers (Amendment of Conditions of Service) Act,
Section 18 of the Judicial Officers (Amendment of Conditions of Service) Act, 2003 is repealed.
33. Section 18 of the Judicial Officers (Amendment of Conditions of Service) Act, 2003, is hereby repealed. 30 35 40 45 50 24 No. 26206 GOVERNMENT GAZETTE. 3 1 MARCH 2004 Act No. 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003 Short title and commencement - 34 Verify source ↗
This Act is called the Judicial Matters Second Amendment Act, 2003, and comes
This section gives the Act its short title and says it starts on a date set by the President through a Gazette proclamation.
34. This Act is called the Judicial Matters Second Amendment Act, 2003, and comes into operation on a date fixed by the President by proclamation in the Gazette.
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