Judicial Matters Amendment Act
This notice says the President assented to Act No. 42 of 2001 and it was published for general information.
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This notice says the President assented to Act No. 42 of 2001 and it was published for general information. This section identifies an amendment to section 10 of a prior Act. The President may establish Divorce Courts by proclamation in the Gazette. A court may refuse or postpone accepting a surrender or sequestration in certain cross-border insolvency situations. Section 3 substitutes section 19 with a rule about persons surrendered to the Republic not being detained or tried for certain offences in certain circumstances.
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December 2001 No. 22912
This notice says the President assented to Act No. 42 of 2001 and it was published for general information.
7 December 2001 No. 22912 THE PRESIDENCY No. 1313 7 December 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 42 of 2001: Judicial Matters Amendment Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 22912 GAZETTE, GOVERNMENT 7 DECEMBER 200 1 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT, 2001 GENERAL EXPLANATORY NOTE: ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid existing enactments. line indicate insertions in (English text signed by the President.) (Assented to 4 December 2001.) ACT of Law Act, 1985, so as to bring the of an accused in order to inquire into his To amend the Administration Amendment Act, 1929, so as to further regulate the jurisdiction of the Divorce Courts; to amend the I~lsolvency Act, 1936, so as to further regulate the jurisdiction of the High Court; to amend the Extradition Act, 1962, so as to provide that the law of speciality applies in cases of surrender in terms of a designation; to amend the South African L,aw Commission Act, 1973, so as to bring the appointment of a member of the judiciary as chairperson of the South African Law Commission into line with the court structure as provided for in the Constitution; to amend the Criminal Procedure Act, 1977, so as to provide for the release or amendment of bail conditions of an accused on account of prison conditions; to further regulate the referral or her capacity to understand criminal proceeding,s or regarding the criminal responsibility of an accused concerning the offence with which he or she is charged; to amend the Rules Board for Courts designation of a member of the judiciary as chairpers'on or vice-chairperson of the Rules Board for Courts of Law into line with the court structure as provided for in the Constitution; to amend the Sheriffs Act, 1986, so as to further regulate the constitution of the Board for Sheriffs; to Amendment Act, 1993, so as to repeal an obsolete provision; to amend the General Law Fourth Amendment Act, 1993, so as to repeal obsolete provisions; to amend the General Law Sixth Amendment Act, 1993, so as to repeal an obsolete provision; to amend the Hague Convention of International Child Abduction Act, 1996, so as to effect a textual correction; to amend the Criminal Law Amendment Act, 1997, in order to regulate the period of operation of sections 52A and 52B; to amend the National Prosecuting Authority Act, 1998, in order to regulate certain executive functions of the Minister; to amend the Maintenance Act, 1998, so as to provide that any maintenance or related order may be enforced by a maintenance court other than the court where such order the Recognition of Customary Marriages Act, 1998, so as to substitute a definition; to amend the Promotion of Access to Information Act, 2000, so as to effect certain of Administrative Justice Act, 2000, so textual corrections; to amend the Promotion as to effect a textual correction; to amend the Cross-Border Insolvency Act, 2000, so as to repeal a provision; and to provide for matters connected therewith. amenld the General Law Third was made; to amend on the Civil Aspects 4 GAZETTE, GOVERNMENT No. 22912 - 7 Verify source ↗
DECEMBER
This section identifies an amendment to section 10 of a prior Act.
7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT, 2001 B E IT ENACTED by follows:- the Parliament of the Republic of South Africa, as Amendment of section 10 of Act 9 of 1929, as amended by section 5 of Act 42 of 1942, section 27 of Act 56 of 1949, section 26 of Act 54 of 1952, section 2 of Act 34 of 1986, section 1 of Act 51 of 1991 and section 1 of Act 65 of 1997 5 - 1 Verify source ↗
Section 10 of the Administration Amendment A,ct, 1929, is amended by
The President may establish Divorce Courts by proclamation in the Gazette.
1. Section 10 of the Administration Amendment A,ct, 1929, is amended by the substitution for paragraph (a) of subsection (1) of the following paragraph: “ ( a ) Notwithstanding anything to the contrary in any other law contained, the President may by proclamation in the Gazette establish Divorce Courts which shall have jurisdiction to hear and determine suits relating to and relating to divorce between persons and to decide upon any question arising therefrom, and to hear any matter and grant any ordler provided for in terms of the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998), 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 nullity of a marriage 10 the 15 [action is] proceedings are 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.”. Amendment of section 149 of Act 24 of 1936, as amended by section 33 of Act 42 of 20 2000 - 2 Verify source ↗
Section 149 of the Insolvency Act, 1936, is amended by the substitution for the
A court may refuse or postpone accepting a surrender or sequestration in certain cross-border insolvency situations.
2. Section 149 of the Insolvency Act, 1936, is amended by the substitution for the proviso to subsection (1) of the following proviso: [not domiciled in the Republic be sequestrated “Provided that when it appears to the court equitable or convenient that the estate of a person domiciled in a State which has not been designated in terms of section 2 of the Cross-Border Insolvency Act, 2000 (Act No. 42 of 2000), should be sequestrated by a court outside the Republic, or that the estate (of a person over whom it has jurisdiction be sequestrated by another court within the Republic, the court may refuse or postpone the acceptance of the surrender or the sequestration.”. elsewhere,] 25 30 Amendment of section 19 of Act 67 of 1962, as amended by section 8 of Act 77 of 1996 - 3 Verify source ↗
The following section is substituted for section 19 of the Extradition Act, 1962:
Section 3 substitutes section 19 with a rule about persons surrendered to the Republic not being detained or tried for certain offences in certain circumstances.
3. The following section is substituted for section 19 of the Extradition Act, 1962: “Persons surrendered to Republic not to be detained or tried for certain offences in certain circumstances 35 for any offence to such foreign other than the offence in respect of 40 - 19 Verify source ↗
No person surrendered to the Republic by any foreign State in terms
A person surrendered to the Republic under an extradition arrangement generally cannot be detained or tried for earlier matters until returned or given a chance to return, unless the surrendering state consents.
19. No person surrendered to the Republic by any foreign State in terms of an extradition agreement or by any designated State shall, until he orshe has been returned or had an opportunity of returning designated State, be detained or tried in the Republic committed prior to his surrender he orshe may lawfully which extradition was sought or an offence of which be convicted on a charge of the offence in respect of which extradition was sought, unless such foreign or designated thereto: Provided that any such person may at or designated State and with a view to his a g r surrender to such State, be 45 detained in the Republic for an ~- committed [and to which that agreement relates], detention is not contrary to the with] the State which surrendered him -_ extraditable offence which was so provided such laws of [or the extradition agreement State or such person consents the request of another foreign or heir to the Republic.”. 6 No. 22912 GOVERNR4ENT GAZETTE, 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MA?TERS AMENDMENT ACT. 2001 Amendment of section 3 of Act 19 of 1973, as amended by section 1 of Act 85 of 1984 and section 4 of Act 18 of 1996 - 4 Verify source ↗
Section 3 of the South African Law Commissiol~ Act, 1973, is amended by the
This section amends Section 3 of the Act by replacing the listed wording so that the chairperson is described as a judge of the Constitutional Court, the Supreme Court of Appeal, or a High Court.
4. Section 3 of the South African Law Commissiol~ Act, 1973, is amended by the substitution for subparagraph (i) of paragraph (a) of subsection (I) of the following subparagraph: 5 “(i) A judge of the [Supreme Court of South Africa] Constitutional Court, the Supreme Court of Appeal or a High Court, as [chairman] chairperson;”. Amendment of section 9 of Act 19 of 1973, as substituted by section 6 of Act 85 of 1984 and amended by section 4 of Act 18 of 1996 - 5 Verify source ↗
Section 9 of the South African Law Commission Act, 1973, is amended by the
Judges of the Constitutional Court, the Supreme Court of Appeal, or a High Court are entitled to an extra allowance for their member functions, and the President determines that allowance.
5. Section 9 of the South African Law Commission Act, 1973, is amended by the 10 substitution for paragraph (a) of subsection (1) of the following paragraph: “(a) is a judge of the [Supreme Court of South Africa] Constitutional Court, the Supreme Court of Appeal or a High Court shall, notwithstanding anything to the contrary contained in any other law, in addition to his salary and any allowance, including any allowance for reimbursement of travelling and his or her subsistence expenses, whch may be payable to him or her in capacity as such a judge, be entitled to such allowance (if any) in respect of the performance of his or her functions as such a member as the President may determine;”. Insertion of section 63A in Act 51 of 1977 - 6 Verify source ↗
The following section is inserted after section 63 of the Criminal Procedure Act,
A prison head may ask the court to release an accused on warning or change bail conditions if prison crowding creates a serious, immediate risk to the accused and other conditions are met.
6. The following section is inserted after section 63 of the Criminal Procedure Act, 1977: “Release or amendment of bail conditions of accused on account of prison conditions 63A. (1) If a Head of Prison contemplated in the Correctional Services Act, 1998 (Act No. 111 of 1998), is satisfied that the prison population of a particular prison is reaching such proportions that it constitutes a material and imminent threat to the human dignity, physical health or safety of an accused- ( a ) who is charged with an offence falling within the category of oEences- (i) for which a police official may grant bail in terms of section 59; or (ii) referred to in Schedule 7; (b) who has been granted bail by any lower court in respect of that offence, but is unable to pay the amount of bail concerned; and (c) who is not also in detention in respect of any other offence outside the category of offences referred to in paragraph (a), falling 15 20 25 30 35 that Head of Prison may apply to the said clourt for the- (aa) release of the accused on warning in lieu of bail; or (bb) amendment of the bail conditions imposed by that court on 40 the accused. (2) (a) An application contemplated in suibsection (1) must be lodged in writing with the clerk of the court, and must- (i) contain an affidavit or aErrnation by the Head of Prison to the effect that he or she is satisfied that the prison population of the prison concerned is reaching such proportion:s that it constitutes a material and imminent threat to the human dignity, physical health or safety of the accused concerned; and 45 (ii) contain a written certificate by 50 concerned, or a prosecutor authorised thereto by him or her in writing, to the effect that the prosecuting authority does not oppose the application. the Director of Public Prosecutions (bj The accused and his or her legal representative, if any, must be notified of an application referred to in subsection (1). 55 8 GAZE’ITE, GOVERNMENT No. 22912 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT, 2001 (c) The clerk of the court must, without delay, cause the application to be placed before any magistrate or regional magistrate, as the case may be, who may consider the application in chambers. (d) The application may be considered in the presence of the accused if the magistrate or regional magistrate deems it necessary. (3) (a) If the magistrate or regional magistrate is satisfied that the application complies with the requirements set out in subsection (2)(a), he or she may- (i) order the release of the accused from custody and, if the accused is present, warn him or her to appear before a specified court at a specified time on a specified date in connection with such offence or, as the case may be, to remain in attendance at the proceedings relating to the offence in question, and the court may, at the time of such order or at any time thereafter, impose any condition referred to in section 62 in connection with such release; or (ii) reduce the amount of bail determined under section 60 and, if deemed under any condition imposed appropriate, amend or supplement section 60 or 62. (b) If the accused is absent when an order referred to in paragraph (a)(i) is made or when bail conditions are amended in terms of paragraph (a)(ii), a correctional official duly authorised by the Head of the prison where the accused is in custody must- (i) hand to the accused a certified copy of the said order or of the bail conditions as amended and explain to the accused the import thereof; and of the court a cefitificate under the hand of that (ii) return to the clerk official and signed by the accused, that he or she has handed the certified copy of such order or conditions to the accused and that he or she has explained to the accused the import thereof, 5 10 15 20 25 and the mere production to the court of the said certificate shall be prima facie proof that the said certified the accused. copy was handed and explained to 30 (c) The provisions of section 72(2)(a) apply, with the necessary changes, in respect of an accused released in ter@s of paragraph (a)(i). (4) (a) The National Director of Public Prosecutions may, in consultation with the Commissioner of Correctional Services, issue directives regard- ing- (i) the establishment of monitoring and consultative mechanisms for bringing an application contemplated in subsection (1); and (ii) the procedure to be followed by a Head of Prison and a Director of it appears that it is necessary to bring an Public Prosecutions whenever application contemplated in subsection (1). (b) Any directives issued in terms of paragraph (a) must be submitted to 35 40 Parliament before they take effect.”. Substitution of section 64 of Act 51 of 1977, as substituted by section 6 of Act 75 of 1995 and amended by section 5 of Act 85 of 1997 45 - 7 Verify source ↗
The following section is substituted for section 64 of the Criminal Procedure Act,
This section replaces section 64 of the Criminal Procedure Act, 1977 with a new section headed “Proceedings with regard to bail and conditions to be recorded in full”.
7. The following section is substituted for section 64 of the Criminal Procedure Act, 1977: “Proceedings with regard to bail and conditions to be recorded in full - 64 Verify source ↗
The court dealing with bail proceedings as contemplated in section
A court dealing with bail matters must record the proceedings in full, including any bail conditions and any changes to them.
64. The court dealing with bail proceedings as contemplated in section 50 50(6) or which considers bail under section 60 or which imposes any further condition under section 62 or which, under section 63 or 63A, or amends the amount of bail or amends or supplements any condition refuses to do so, shall record the relevant proceedings in full, including the conditions imposed and any amendment or supplementation thereof, or 55 shall cause such proceedings to be recorded im full, and where such court is a magistrate’s court or a regional court, any document purporting to be an extract from the record of proceedings of that court and purporting to be certified as correct by the clerk of the court, and which sets out the ~~ ~ 10 No. 22912 GAZETTE, GOVERNMENT 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT, 2001 conditions of bail and any amendment or supplementation thereof, shall, on in which the relevant charge is pending, be its mere production in any court prima facie proof of such conditions or any amendment or supplementation thereof.”. Amendment of section 79 of Act 51 of 1977, as amended by section 4 of Act 4 of 1992, section 17 of Act 116 of 1993, section 44 of Act 129 of 1993, section 28 of Act 105 of 1997 and section 6 of Act 68 of 1998 5 - 8 Verify source ↗
Section 79 of the Criminal Procedure Act, 1977, is amended by-
The section changes who may be appointed as psychiatric experts, requires the Director-General: Health to maintain and share a list of eligible psychiatrists and clinical psychologists, and sets public compensation rules for certain court-appointed experts.
8. Section 79 of the Criminal Procedure Act, 1977, is amended by- (a) the substitution for subsection (8) of the following subsection: “(8) A psychiatrist and a clinical psychologist appointed under 10 subsection (l), other than a psychiatrist and a clinical psychologist appointed [by an] for the accused, shall, subject to the provisions of subsection (lo), be appointed from the list of psychiatrists and clinical psychologists referred to in subsection (9)(a).”; (b) the substitution for subsection (9) of the following subsection: 15 “(9) The Director-General: [National] Health [and Population Development] shall compile and keep a list of= - (a) psychiatrists and clinical psychologists who are prepared to conduct @) any enquiry under this section;! [and section 286A(3)] psychiatrists who are prepared to conduct 20 any enquiry under section 286A (3), and shall provide the registrars of court] High Courts and all thereof.”; the [several divisions of the supreme clerks of magistrates’ courts with a copy (c) the substitution for subsection (10) of the following subsection: 25 “(10) Where the list compiled and kept under subsection (9)w does not include a sufficient number of psychiatrists and clinical psychologists who may conveniently be appointed for ,any enquiry under this section, a psychiatrist and clinical psychologist may be appointed for the purposes of such enquiry notwithstanding such list.”; that his name does not appear on 30 (d) the substitution for subsection (11) of the following subsection: “(11) (a) A psychiatrist or clinical psychologist designated or appointed under subsection (1) by or at the request of the court to enquire into the mental condition of an accused and who is not in the full-time 35 service of the State, shall be compensated for his or her services in connection with the enquiry from public funds in accordance with a tariff determined by the Minister in consultation with the Minister of Finance. (b) Apsychiatrist appointed under subsection (l)(b)(m) [by an] for the accused to enquire into the mental condition of the accused and who is 40 not in the full-time service of the State, shall be compensated for his g - her services from public funds in the circumstances and in accordance with a tariff determined by the Minister in consultation with the Minister of Finance.”; and ( e ) the substitution for subsection (12) of the following subsection: 45 “(12) For the purposes of this section a psychiatrist or a clinical psychologist means a person registered as a psychiatrist or a clinical psychologist under the [Medical, Dental and Supplementary] Health [Service] Professions Act, 1974 (Act Not. 56 of 1974).”. Amendment of section 3 of Act 107 of 1985, as amended by section 2 of Act 77 of 50 1989 and section 22 of Act 62 of 2000 - 9 Verify source ↗
Section 3 of the Rules Board for Courts
This section amends section 3 of the Rules Board for Courts of Law Act, 1985 by replacing paragraphs (a) and (b) in subsection (1).
9. Section 3 of the Rules Board for Courts of Law Act, 1985, is amended by the substitution for paragraphs (a) and ( b ) of subsection (1) of the following paragraphs, respectively: 12 GOVERNMENT No. 22912 GAZETIE, 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MA’ITERS AMENDMENT ACT, 2001 “(a) a judge of the Constitutional Court, the Supreme Court of Appeal or a High Court, whom the Minister designates as the chairperson; (6) a judge or retired judge of the Constitutional Court, the Supreme Court of Appeal or a High Court, whom the Minister designates as the vice- chairperson;”. 5 Amendment of section 8 of Act 107 of 1985, as amended by section 4 of Act 18 of 1996 and section 24 of Act 62 of 2000 - 10 Verify source ↗
Section 8 of the Rules Board for Courts of Law Act, 1985, is amended by the
Certain Board members who are judges are entitled to a travel and subsistence allowance set by the Minister with the Minister of Finance’s concurrence.
10. Section 8 of the Rules Board for Courts of Law Act, 1985, is amended by the substitution for subsection (1) of the following subsection: “(1) A member of the Board who is a judge of the Constitutional Court, the Supreme Court of Appeal or a High Court shall be entitled to such allowance for travelling and subsistence expenses incurred by hlim or her in the performance of his or her functions in terms of this Act as the Minister with the concurrence of the Minister of Finance may determine.”. 10 Amendment of section 9 of Act 90 of 1986, as amended by section 4 of Act 74 of 1998 15 11. (1) Section 9 of the Sheriffs Act, 1986, is amended by- (a) the substitution for paragraph (a) of subsection (2) of the following paragraph: “ ( a ) not fewer than six and not more than nine sheriffs, each from a the Republic., chosen by the Minister from different province of among at least [twelve] eighteen sheriffs[, whose names have been submitted for that purpose by the South African Institute for Sheriffs] nominated from within the Sheriffs profession, of whom at least two must be nominated from each province, to represent the profession as a whole;”; and 20 (b) the deletion of subsection (3). 25 (2) Any person holding office as a member of the Board for Sheriffs in terms of section 9(2)(a) of the Sheriffs Act, 1986, at the commencement of this Act, shall continue in that office for the remainder of his or her term of office. Repeal of section 70 of Act 129 of 1993 - 12 Verify source ↗
Section 70 of the General Law Thnd Amendment Act, 1993, is repealed.
This section repeals section 70 of the General Law Thnd Amendment Act, 1993.
12. Section 70 of the General Law Thnd Amendment Act, 1993, is repealed. 30 Repeal of sections 25 and 36 of Act 132 of 1993 - 13 Verify source ↗
Sections 25 and 36 of the General Law Fourth Amendment Act, 1993, are
This section repeals sections 25 and 36 of the General Law Fourth Amendment Act, 1993, and section 24 of Act 204 of 1993.
13. Sections 25 and 36 of the General Law Fourth Amendment Act, 1993, are repealed. Repeal of section 24 of Act 204 of 1993 - 14 Verify source ↗
Section 24 of the General Law Sixth Amendment Act, 1993, is repealed.
Section 24 of the General Law Sixth Amendment Act, 1993 is repealed.
14. Section 24 of the General Law Sixth Amendment Act, 1993, is repealed. 35 Amendment of the Schedule to Act 72 of 1996 - 15 Verify source ↗
The Schedule to the Hague Convention on the Civil Aspects of International Child
The provision replaces Article 44 so the Convention lasts five years, renews automatically every five years if no denunciation is made, and any denunciation must be notified to the Dutch Ministry of Foreign Affairs at least six months before the five-year period ends.
15. The Schedule to the Hague Convention on the Civil Aspects of International Child Abduction Act, 1996, is amended by the substitution for Article 44 of the following Article: “Article 44 40 The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it. If there has been no denunciation, it shall be renewed tacitly every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the 45 14 No. 22912 GOVERNMENT GAZETTE, 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT, 2001 five year period. It may be limited to certain of the territories or territorial units to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.”. 5 Amendment of section 53 of Act 105 of 1997, as substituted by section 36 of Act 62 of 2000 - 16 Verify source ↗
Section 53 of the Criminal Law Amendment Act, 1997, is amended by-
This section amends section 53 by replacing subsection (1) and adding subsection (2A).
16. Section 53 of the Criminal Law Amendment Act, 1997, is amended by- (a) the substitution for subsection (1) of the following subsection: “( 1) Sections 5 1 g& 52 [, 52A and 52B] shall, subject to subsections 10 (2) and (3), cease to have effect after the expiry of two years from the commencement of this Act.”; and ( b ) the insertion after subsection (2) of the following subsection: “(2A) Sections 52A and 52B shall lapse on the date when sections 5 1 have and 52 cease to effect.”. Amendment of section 40 of Act 32 of 1998, as amended by section 17 of Act 61 of 2000 - 17 Verify source ↗
Section 40 of the National Prosecuting Authority Act, 1998, is amended by the
The Minister may make regulations about the Directorate of Special Operations after consulting the National Director.
17. Section 40 of the National Prosecuting Authority Act, 1998, is amended by the substitution for the words preceding paragraph (a) of subsection (2) of the following words: “(2) The Minister may, [in] after consultation with the National Director, make regulations regarding the Directorate of Special Operations, prescribing-”. Amendment of section 26 of Act 99 of 1998 - 18 Verify source ↗
Section 26 of the Maintenance Act, 1998, is amended by the substitution for
If a maintenance or related order has not been paid for 10 days, the person who won the order may apply to the maintenance court for enforcement action.
18. Section 26 of the Maintenance Act, 1998, is amended by the substitution for paragraph (a) of subsection (2) of the following paragraph: 15 20 25 “ ( 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 payable or any such order was made, as the case may be, the person in whose favoulr any such order was made may apply to the maintenance court where person is resident- (i) for the authorisation of the issue of a warrant of execution referred [any such order was made] where that 30 to in section 27(1); (ii) for an order for the attachment of emoluments referred to in section 28( 1); or (iii) for an order for the attachment of any debt referred to in section 30(1).”. 35 Amendment of section 1 of Act 120 of 1998 - 19 Verify source ↗
Section 1 of the Recognition of Customary Marriages Act, 1998, is amended by
This amendment changes the definition of “court” to include a High Court of South Africa, a family court established under any law, and a Divorce Court established under the cited 1929 Act.
19. Section 1 of the Recognition of Customary Marriages Act, 1998, is amended by the substitution for the definition of “court” of the following definition: “ ‘court’ means a High Court of South Africa, [or] a family court established under any law[, and for purposes of section S,] g a Divorce Court established in terms 40 of section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929);”. Amendment of index to Act 2 of 2000 - 20 Verify source ↗
The index to the Promotion of Access to Information Act,
This provision amends the index to the Promotion of Access to Information Act, 2000, changing item 7 to refer to records requested for criminal or civil proceedings after proceedings have started.
20. The index to the Promotion of Access to Information Act, 2000 (hereinafter is amended by the substitution under referred to as Chapter 2 of Part 1 the Access to Information Act), item 7 of the for item: following 4.5 “7. Act not applying to records [required] requested for criminal or civil proceedings after commencement of proceedings”. 16 No. 22912 GAZETTE, GOVERNMENT 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT, 2001 Amendment of section 1 of Act 2 of 2000
Part
Chapter 2 of Part 1
- 21 Verify source ↗
Section 1 of the Access to Information Act is amended by the substitution for
This section changes the definition of “information officer” in section 1 of the Act.
21. Section 1 of the Access to Information Act is amended by the substitution for the subparagraph (ii) of paragraph (a) of the definition of “information officer” of following subparagraph: “(ii) not so mentioned, means the Director-General, head, executive director or 5 equivalent officer, respectively, of that national department, provincial administration or organisational component, respectively, or the person who is acting as such;”. Amendment of section 2 of Act 2 of 2000 - 22 Verify source ↗
Section 2 of the Access to Information Act is amended by the substitution for 10
Section 12 must not be read as excluding the Cabinet, its committees, or an individual MP or provincial legislature member from the definition of “requester” for private bodies.
22. Section 2 of the Access to Information Act is amended by the substitution for 10 subsection (2) of the following subsection: “(2) Section 12 must not be construed as excluding- (a) the Cabinet and its committees; or (b) an individual member of Parliament or of a provincial legislature, from the operation of the definition of ‘requester’ in relation to a private body in 15 section 1, section [49] 2 and all other provisions of this Act related thereto.”. Substitution of heading of section 7 of Act 2 of 2000 - 23 Verify source ↗
The following heading is substituted for the heading to section 7 of the Access to
The heading to section 7 of the Access to Information Act is replaced with a heading about the Act not applying to records requested for criminal or civil proceedings 20 after commencement of proceedings.
23. The following heading is substituted for the heading to section 7 of the Access to Information Act: “Act not applying to records [required] requested for criminal or civil proceedings 20 after commencement of proceedings”. Amendment of section 10 of Act 2 of 2000 - 24 Verify source ↗
Section 10 of the Access to Information Act is amended by the substitution for
This provision amends section 10 of the Access to Information Act by replacing a reference in subsection (2)(b)(ii).
24. Section 10 of the Access to Information Act is amended by the substitution for subparagraph (ii) of paragraph ( b ) of subsection (2) of the following subparagraph: “(ii) every deputy information officer of every public body [appointed] designated 25 in terms of section 17(1);”. Substitution of section 12 of Act 2 of 2000 - 25 Verify source ↗
The following section is substituted for section 12 of the Access to Information
This section substitutes a new section 12 in the Access to Information Act, titled “Act not applying to certain public bodies or officials thereof.”
25. The following section is substituted for section 12 of the Access to Information Act: “Act not applying to certain public bodies or officials thereof 30 - 12 Verify source ↗
This Act does not apply to a record [of]-
This Act does not apply to certain records, including Cabinet and committee records, records tied to judicial functions, and records of members of Parliament or provincial legislatures in that capacity.
12. This Act does not apply to a record [of]- (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 tenns of section 2 of the Special 35 Investigating Units and Special Tribunals Act, 1996 (Act No. 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.”. 40 Amendment of section 13 of Act 2 of 2000 - 26 Verify source ↗
Section 13 of the Access to Information Act is amended by the substitution for the
The Minister may, on his or her own accord or on request from certain public bodies, give notice in the Gazette.
26. Section 13 of the Access to Information Act is amended by the substitution for the words preceding paragraph (a) of the following words: “For the purposes of this Act, the Minister may, on his or her own accord or on the request of the relevant public body or bodies or a body referred to in paragraph (c), 45 [in the prescribed manner and] by notice in the Gazette-”. 18 No. 22912 GOVERNMENT GAZETTE, 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT. 2001 Amendment of section 14 of Act 2 of 2000 - 27 Verify source ↗
Section 14 of the Access to Information Act is amended by the substitution for
This provision amends section 14 so the listed contact details for the body’s information officer and deputy information officer are to include postal and street address, phone, and any available email address.
27. Section 14 of the Access to Information Act is amended by the substitution for paragraph (6) of subsection (1) of the following paragraph: “(b) the postal and street address, phone and if available, every electronic mail address of the information officer of the body and of deputy information officer of the body [appointed] designated in terms of section 17(1);”. fax number and, 5 Amendment of section 25 of Act 2 of 2000 - 28 Verify source ↗
Section 25 of the Access to Information Act
An information officer who receives or is transferred a request must act as soon as reasonably possible and, in any event, within 30 days after the request is received.
28. Section 25 of the Access to Information Act is amended by the substitution for the words preceding paragraph (a) of subsection (1) of the following words: 10 the provisions regarding third party notification and “Except if contemplated in Chapter 5 of this Part apply, [The] the information officer to whom [a] the request [for access] is made or transferred, must, [subject to section 26 and Chapter 5 of this Part,] as soon as reasonably possible, but in any event within 30 days, after the request is received-”. intervention 15 Amendment of section 28 of Act 2 of 2000
Part
Chapter 5 of this Part,] as soon as reasonably possible, but in any event within 30
- 29 Verify source ↗
Section 28 of the Access to Information Act is amended by the substitution for
This section amends subsection 28(2) and makes section 25(2) apply where access to part of a record is granted and the rest is refused.
29. Section 28 of the Access to Information Act is amended by the substitution for subsection (2) of the following subsection: “(2) If a request for access to- (a) a part of a record is granted; and (b) the other part of the record is refused, as contemplated in subsection paragraph (a) of this [section] subsection and the provisions of section 25(3) & to paragraph (b) of this [section] subsection.”. (l), the provisions, of section 25(2) apply to 20 Amendment of section Act 32 of 2 of 2000 - 30 Verify source ↗
Section 32 of the Access to Information Act is amended by the renumbering of
This provision amends section 32 of the Access to Information Act by renumbering paragraphs (g), (h), (i) and (j).
30. Section 32 of the Access to Information Act is amended by the renumbering of paragraphs (g), (h), (i) and (j) to paragraphs cf), (g), (h) and (i), consecutively. Amendment of section 34 of Act 2 of 2000 - 31 Verify source ↗
Section 34 of the Access to Information Act is amended by the substitution for
Section 34 is amended so the listed item now refers to the individual's classification, salary scale position held, or services performed.
31. Section 34 of the Access to Information Act is amended by the substitution for subparagraph (iii) of paragraph (fl of subsection (2) of the following subparagraph: “(iii) the classification, salary scale position held or services performed by the individual; and”. [or], remuneration and responsibilities of the 25 30 Amendment of section 36 of Act 2 of 2000 - 32 Verify source ↗
Section 36 of the Access to Information Act is amended by the substitution for
Section 36(2)(c) is amended so that it covers certain third-party testing or investigation results whose disclosure would reveal a serious public safety or environmental risk.
32. Section 36 of the Access to Information Act is amended by the substitution for paragraph (c) of subsection (2) of the following paragraph: “ ( c ) about the results of any product or environmental testing or other investigation 35 supplied by[,] a third party or the result of any such testing or investigation carried out by or on behalf of a third party and -its disclosure would reveal a serious public safety or environmental risk.”. Amendment of section 39 of Act 2 of 2000 40 - 33 Verify source ↗
Section 39 of the Access to Information Act is amended by the substitution for
This section amends section 39 so that refusal reasons must be stated adequately, but only to the extent they can be given without causing the listed harm.
33. Section 39 of the Access to Information Act is amended by the substitution for subparagraph (iii) of paragraph (b) of subsection (3) of the following subparagraph: “(iii) state adequate reasons for the refusal, as required by section 25(3), in so far as they can be given without causing the harm contemplated in [any provision of] subsection ( l ) ( a ) or (b); and”. 45 20 No. 22912 GOVERNMENT GAZETIE, 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT, 2001 Amendment of section 41 of Act 2 of 2000 - 34 Verify source ↗
Section 41 of the Access to Information Act is amended by the substitution for
An information officer may refuse to confirm or deny whether a public body record exists in certain refusal cases.
34. Section 41 of the Access to Information Act is amended by the substitution for paragraph (a) of subsection (4) of the following paragraph: “ ( a ) If a request for access to a record of a public body may be refused in terms of subsection (l), or could, if it existed, be so refused, and the disclosure of the of the record would be existence or non-existence contemplated in concerned may refuse to confirm or deny the existence or non-existence of the record.”. likely to cause the harm ofl subsection. (l), the information officer [any provision Amendment of section 42 of Act 2 of 2000 - 35 Verify source ↗
Section 42 of the Access to Information Act is amended by-
This provision amends section 42 of the Access to Information Act to expand the kinds of information covered by subsections (4) and (5).
35. Section 42 of the Access to Information Act is amended by- (a) the substitution for subsection (4) of the following subsection: ”(4) The information referred to in subsection (2)(c)(i) includes, without limiting the generality of that subsection, information about an agreement, or contemplated agreement, to transfer any interest in or right to shares in the capital of a public body to any person which is not a public body referred to in paragraph (a) or (b)(i) of the definition of ‘public body’ in section 1 ,”; and 5 10 15 (b) the substitution for paragraph (c) of subsection ( 5 ) of the following paragraph: “ ( c ) about the results of any product or environmental testing or other investigation supplied by[,] a public body or the results of any such testing or investigation carried out by or on behalf of a public body, and its disclosure would reveal a serious public safety or environ- mental risk.”. 20 Amendment of section 44 of Act 2 of 2000 25 - 36 Verify source ↗
Section 44 of the Access to Information Act is amended by the substitution for
A record cannot be refused if it is an account or a statement of reasons required under section 5 of the Promotion of Administrative Justice Act, 2000.
36. Section 44 of the Access to Information Act is 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 as it consists of an account [of,] 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).”. 30 Amendment of section 49 of Act 2 of 2000 - 37 Verify source ↗
Section 49 of the Access to Information Act is amended by the substitution for
The information officer of a public body must decide on an access request and notify the third party and the requester within the stated time limit.
37. Section 49 of the Access to Information Act is amended by the substitution for subsection (1) of the following subsection: “(1) The information officer of a public body must, as soon as reasonably is informed as possible, but in any event within 30 days after every third party required by section 47- 35 decide, after giving due regard to any representations made by a third party in terms of section 48, whether to grant the request for access; [and] notify the third party so informed and a third party not informed in terms of section 47 (l), but that made representations in terms of section 48 or is located before the decision is taken, of the decision; notify the requester of the decision and, if the requester stated, as contemplated in section 18(2)(e), that he or she: wishes to be informed of the is decision in any reasonably possible, and if the request is- (rl granted, notify the requester in accordance with section 25(2); or refused, notify the requester in accordance with section 25(3).”. @J other manner, inform him or her in that manner if it 40 45 22 No. 22912 GOVERNMECNT GAZETTE, 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT, 2001 Amendment of section 52 of Act 2 of 2000 - 38 Verify source ↗
Section 52 of the Access to Information Act is amended by-
This section amends Section 52 of the Access to Information Act, including the fee wording for access to records.
38. Section 52 of the Access to Information Act is amended by- (a) the substitution for subparagraph (ii) of paragraph (a) of subsection (1) of the following subparagraph: “(ii) for purchase or copying from the private body; a&”; (b) the substitution for subsection (3) of the following subsection: and 5 “(3) The only fee payable (if any) for access to a record [described in a list so published] included in a notice in terms of subsection (2) is a prescribed fee for reproduction.”. Amendment of section 56 of Act 2 of 2000 - 39 Verify source ↗
Section 56 of the Access to Information Act is amended by-
The head of a private body must respond to a request as soon as reasonably possible, and in any event within 30 days, subject to third-party notification and intervention rules. The requester may also apply to court about the access fee or the procedure for making that application.
39. Section 56 of the Access to Information Act is amended by- (a) the substitution for the words preceding paragraph (a) of subsection (1) of the following words: “[Subject to] Except if the provisions regarding third party notification and intervention contemplated in Chapter 5 of this Part &, the head of the private body to whom the request is made must, as soon as reasonably possible, but in any received or after the particulars required in terms of section 53(2) have been received-; event within 30 days, after the request has been and ~~~~ ~ 10 15 (b) the substitution for paragraph (c) of subsection ( 2 ) of the following paragraph: 20 “(c) that the requester may lodge an application with a court against the access fee to be paid or procedure, including the period allowed, for lodging the applica- tion.”. the foml of access granted, and the Amendment of section 59 of Act 2 of 2000 - 40 Verify source ↗
Section 59 of the Access to Information Act is amended by the substitution for
Section 59(2) is replaced so that, when access to part of a record is granted and the rest is refused, section 56(2) applies to the granted part and section 56(3) applies to the refused part.
40. Section 59 of the Access to Information Act is amended by the substitution for subsection ( 2 ) of the following subsection: “(2) If a request for access to- (a) a part of a record is granted; and (b) the other part of the record is refused, (I), the provisions of section 56(2) apply to as contemplated in subsection paragraph (a) of this [section] subsection and the provisions of section 56(3) & to paragraph (b) of this [section] subsection.”. -- Amendment of section 61 of Act 2 of 2000 25 30 - 41 Verify source ↗
Section 61 of the Access to Information Act is amended by the substitution for
A head of a private body may consult a health practitioner nominated by the relevant person before giving access to certain health-related records, if disclosure might seriously harm the relevant person’s physical or mental health or well-being.
41. Section 61 of the Access to Information Act is amended by the substitution for 35 subsection (1) of the following subsection: “( 1) If the head of a private body who grants, in terms of section 50, a request for access to a record provided by a health practitioner in his or her capacity as such about the physical or mental health, or well-being-- (a) of the requester; or (b) if the request has been made on behalf of the person to whom the record 40 relates, of that person, in paragraphs (a) and (b), (in this section, the requester and person referred to respectively, are referred to as the ‘the relevant person’xis of the opinion that the disclosure of the record to the relevant person might cause serious harm to his or her physical or mental health, or well-being, the [information officer] head may, before giving access in terms of section 60, consult with a health practitioner who, subject to subsection ( 2 ) , has been nominated by the relevant person.”. 45 Amendment of section 64 of Act 2 of 2000 - 42 Verify source ↗
Section 64 of the Access to Information Act is amended by the substitution for
Section 64 of the Access to Information Act is amended to replace paragraph (b) in subsection (2) with a new rule about third-party testing or investigation results and serious public safety or environmental risk.
42. Section 64 of the Access to Information Act is amended by the substitution for 50 paragraph ( b ) of subsection ( 2 ) of the followine uaraeraDh: 24 No. 22912 GOVERNMENT GAZE’ITE, 7 DECEMBER 2001 Act No. 42,2001 JUDICIAL MATTERS AMENDMENT ACT, 2001 “(b) the results of any product or environmental testing or other investigation supplied by[,] a third party or the results of any such testing or investigation carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk.”. Amendment of section 68 of Act 2 of 2000 - 43 Verify source ↗
Section 68 of the Access to Information Act is amended by the substitution for
Section 43 amends section 68 so that certain testing or investigation records cannot be refused where disclosure would reveal a serious public safety or environmental risk.
43. Section 68 of the Access to Information Act is amended by the substitution for subsection (2) of the following subsection: “(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about the results of any product or environmental testing or other investigation supplied [,I by the privatebody or the results of any suchiestinv or investipation carried out bv or on behalf of the Drivate bodv and its disclosure would reveal a serious public safety or environmental risk.”. Amendment of section 73 of Act 2 of 2000 - 44 Verify source ↗
Section 73 of the Access to Information Act is amended by the substitution for
The head of a private body must decide on an access request and notify the relevant third parties and the requester within 30 days after third-party notification, while considering any third-party representations.
44. Section 73 of the Access to Information Act is amended by the substitution for subsection (1) of the following subsection: “(1) The head of a private body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 7 1- (a) decide, after giving due regard to any representations made by a third party in terms of section 72, whether to grant the request for access; [andl ( b ) notify the third party so informed and a thmd party not informed in terms of section 71, but that made representations in terms of section 72 or is located before the decision is taken, of the decision; 0 notify the requester of the decision and, if the requester stated, as contemplated in section 53(2)(e), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible, and if the request is- @ granted, notify the requester in accordance with section 56(2); or refused, notify the requester in accordance with section 56(3).”. (11) Amendment of section 83 of Act 2 of 2000 - 45 Verify source ↗
Section 83 of the Access to Information Act is amended by the substitution for
Section 83 is amended so that paragraph (e) now refers to training information officers and deputy information officers of public bodies.
45. Section 83 of the Access to Information Act is amended by the substitution for paragraph ( e ) of subsection (3) of the following paragraph: “(e) train information officers and deputy information officers of public bodies;”. Amendment of section 3 of Act 3 of 2000 5 10 15 20 25 30 - 46 Verify source ↗
Section 3 of the Promotion of Administrative Justice Act, 2000, is amended by the
This section amends section 3 of the Promotion of Administrative Justice Act, 2000 by renumbering specified subparagraphs.
46. Section 3 of the Promotion of Administrative Justice Act, 2000, is amended by the renumbering of subparagraphs (a), (b), (c), (d) and (e) of paragraph (b) of subsection (2), to subparagraphs (i), (ii), (iii), (iv) and (v), consecutively. 35 Repeal of section 33 of Act 42 of 2000 - 47 Verify source ↗
Section 33 of the Cross-Border Insolvency Act, 2000, is repealed.
Section 33 of the Cross-Border Insolvency Act, 2000 is repealed.
47. Section 33 of the Cross-Border Insolvency Act, 2000, is repealed. Short title and commencement 48. (1) This Act is called the Judicial Matters Amendment Act, 2001. (2) Sections 4, 5 , 9 and 10 are deemed to have come into operation on 4 February 1997. (3) Section 8 shall come into operation on the date of commencement of the Criminal Amendment Matters 1998 Act, of (Act No. 68 1998). 40 45
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