2005, in the National Assembly.
of the Constitution of the Republic of South Africa, 1996.
BILL To amend the Constitution of the Republic of South Africa, 1996,so as to regulate responsibility in respect of the judicial and administrative functions of all courts; to provide for the conversion of the various High Courts into a single High Court of South Africa; to provide that the Constitutional Court is the highest court in all matters; to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal; to provide for the appointment of two Deputy Presidents to the Supreme Court of Appeal; to restrict courts hm hearing a matter dealing with the suspension 04 or making an order suspending, the commencement of an Act of Parliament or a provincial Act;to provide for the appointment of Judges President and Deputy Judges President; to provide for the appointment of an Acting Deputy Chief Justice, an Acting Deputy President of the Supreme Court of Appeal and an Acting Deputy Judge President; and to provide for matters connected therewith.
The Chief Justice is the head of the iudicial authority and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the iudicial functions of all courts, other than the adiudication of any matter before a court of law.
The Cabinet member responsible for the administration of justice exercises authority over the administration and budget of all courts.
Court of South Mica or the Magistrates' Courts.
Amendment of section 167 of Constitution, as amended by section 11of Act 34 of 2001 3.
or in terms of an Act of Parliament; and other matter, if the Constitutional Court mints leave to appeal that matter on the grounds that the interests of justice require that the matter be decided bv the Constitutional Court.
[(c) makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter.
(5) The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, [a] High Court of South Africa, or a court of similar status, before that order has any force.
The Constitutional Court makes the final decision whether a matter is a constitutional matter.
Amendment of section 168 of Constitution, as amended by section 12 ofAct 34 of 2001 4.
Court of appeal, in that matter. It may decide appeals in any matter arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa.
issues connected with appeals; and any other matter that may be referred to it in circumstances defined by an Act of Parliament.
High Court of South Africa; and any other matter not assigned to another court by an Act of Parliament.
The High Court of South Mica consists of the Divisions. with the seats and the areas of iurisdiction, as determined in terms of an Act establish Divisions, with one or more seats in a Division. on the basis assign jurisdiction to a Division or a seat within a Division.
has the number of other iudges, as determined in terms of national legislat ion.
High Court of South Africa may not enquire into or rule on the constitutionality of any legislation or any conduct of the President.
High Court of South Mica or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the ConstitutionalCourt.
Despite any other provision of this Constitution, no court may hear a matter dealing: with the suspension of, or make an order suspending. the commencement of an Act of Parliament or a provincial Act.
The Constitutional Court, Supreme Court of Appeal and High [Courts] Court of South Mica each have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of just ice. 'I.
Amendment of section 174 of Constitution, as amended by section 13 of Act 34 of 2001 9.
the Judicial Service Commission.
Court are amminted bv the President.
Substitution of section 175 of Constitution, as amended by section 14 of Act 34 of 2001 10.
Africa, if there is a vacancy in any of those respective positions, or if [a judge] the person holding; any such position is absent. [The] Any such appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting after consultation with the [concurrenceof the] Chief Justice.
The Cabinet member responsible for the administration of justice must appoint acting judges to other courts after consulting the senior judge of the court on which the acting judge will serve.
A person holding an acting position in terms of this section has the responsibilities, powers and functions of the iudicial office in which the person is acting. 'I.
Amendment of section 178 of Constitution, as amended by section 2 of Act 65 of 1998 and section 16 of Act 34 of 2001 11.
South Africa, the Judge President of that [Court] Division and the Premier of the province concerned, or an alternate designated by each of them.
Deputy President of the Supreme Court of Appeal, as the case may be, acts as his or her alternate on the Commission.
Amendment of Schedule 6 to Constitution, as amended by section 3 of Act 35 of 1997, section 5 of Act 65 of'1998 and section 20 of Act 34 of 2001 12.
of the new Constitution takes effect, as a Judge President, Deputy Judge President or a iudge of a High Court or any court of a status similar to the High Court.
President, Deputv Judge President or judge of the relevant Division of the High Court of South Afiica or such other court in accordance with the provisions of that Act.
This Act is called the Constitution Fourteenth Amendment Act of 2005, and comes into effect on a date set by the President by proclamation.
Courts Bill B 52-20031, and referred to the Portfolio Committee on Justice and Constitutional Development (National Assembly) (the Committee) for consideration. The Committee embarked on extensive public hearings regarding the draft legislation and received substantial inputs fxom a wide range of interested parties. Before Parliament adjourned for the April 2004 elections, the Committee issued instructions to the Department of Justice and Constitutional Development regarding amendments to the Bill, as well as the addition of new provisions.
Following the elections in 2004, the Superior Courts Bill was revived by the new Parliament. However, the Constitution Amendment Bill in question was allowed to lapse, thereby necessitating the introduction of a new Constitution Amendment Bill in order to mandate the structural changes envisaged in order to rationalise the Superior Courts (the Constitutional Court, Supreme Court of Appeal and the High Courts), as well as to give effect to certain instructions of the Committee.
Clause 1: Section 165 of the Constitution is amended in order to provide that the Chief Justice is the head of the judicial authority and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts, other than the adjudication of any matter before a court of law. The Cabinet member responsible for the administration of justice, in turn, exercises authority over the administration and budget of all courts. In this way the Commonwealth model of the separation of powers between the Executive and Judiciary is maintained and constitutionally entrenched, with the responsibility for the judicial functions of our courts being the sole preserve of the judiciary, and the responsibility for the administrative functions of the courts being the sole preserve of the relevant Minister.
Clauses 2 and 5: Sections 166 and 169 of the Constitution are amended so as to convert the various High Courts into a single "High Court of South Africa", comprising of the Divisions, with the seats and jurisdiction, as determined in terms of an Act of Parliament (the Superior Courts Bill).
Clause 3: Section 167 of the Constitution is amended so as to confirm the status of the Constitutional Court as the apex court, with jurisdiction in all constitutional matters and any other matter in which it may grant leave to appeal.
Clause 4: Section 168 of the Constitution is amended in order to provide for the appointment of a second Deputy President of the Supreme Court of Appeal. This results from the need to appoint a Deputy President of that Court who is dedicated to the management of labour appeals, following the abolition of the Labour Appeal Court (by the Superior Courts Bill).
Clause 7: An important new principle is introduced in section 172 of the Constitution, in that it provides that no court may hear a matter dealing with the suspension of, or make an order suspending, the commencement of an Act of Parliament or a provincial Act.
Clause 9 The amendment to section 174 of the Constitution provides that the President, as is the case with the judges of the Constitutional Court, will appoint the leadership (Judges President and Deputy Judges President) of the High Court of South Africa fiom a list of suitable candidates, submitted by the Judicial Service Commission.
Section 175 of the Constitution is amended in order to make provision for the appointment of acting judges in leadership positions.
Other amendments contained in the Billare of a consequential nature.
or Chapter 2.