To amend the Magistrates' Courts Act, 1944, so as to confer on courts for regional divisions jurisdiction in respect of certain civil disputes, including matters currently regulated by section 10 of the Administration Amendment Act, 1929; to repeal the Administration Amendment Act, 1929; to effect consequential amendments to certain other laws; and to provide for matters connected therewith.
1 Amends section 1 of the Magistrates' Courts Act 32 of 1944 by substituting the definition of 'court'.
2 Substitutes section 2 of the Magistrates' Courts Act 32 of 1944.
3 Amends section 9 (1) of the Magistrates' Courts Act 32 of 1944 by deleting paragraph (c).
substitutes subsection (1) (a) ; paragraph (a) substitutes subsection (2) (b) ; paragraph (c) repeals subsection (5); and paragraph (d) adds subsections (6), (7) and (8).
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JURISDICTION OF REGIONAL COURTS AMENDMENT ACT 31 OF 2008 Page 2 of 5 5 Inserts section 13A in the Magistrates' Courts Act 32 of 1944.
6 Substitutes section 28 of the Magistrates' Courts Act 32 of 1944.
7 Substitutes section 29 of the Magistrates' Courts Act 32 of 1944.
8 Amends section 46 of the Magistrates' Courts Act 32 of 1944 by repealing subsection (1).
Any proceedings instituted in a court established under section 10 of the Administration Amendment Act, 1929 (Act 9 of 1929), before the commencement of this section and which are not concluded before the commencement of this section must be continued and concluded in all respects as if this Act had not been passed.
any person who is an officer of a court referred to in paragraph (a) , continues to hold such office as an officer of the regional court in question.
the place or places of sitting of such court must be deemed to have been designated in terms of a notice contemplated in section 2 (1) (i A) (ii).
The rules in force on the date of the commencement of this Act in respect of the courts established under section 10 of the Administration Amendment Act, 1929 (Act 9 of 1929), remain in force until they are repealed or amended by a competent authority.
Any reference in any law to a Divorce Court established in terms of section 10 of the Administration Amendment Act, 1929 (Act 9 of 1929), is deemed to be a reference to a court of a regional division.
JURISDICTION OF REGIONAL COURTS AMENDMENT ACT 31 OF 2008 Page 3 of 5 courts and the rules referred to in subsection (4), in order to ensure that courts of regional divisions can exercise the jurisdiction conferred on them under the Magistrates' Courts Act, 1944, as amended by this Act, effectively and efficiently.
retaining or improving the measures introduced by the rules referred to in subsection (4) in order to facilitate and promote access to the courts referred to in subsection (1).
The rules referred to in paragraph (a) must be submitted to Parliament.
The Administration Amendment Act, 1929 (Act 9 of 1929), is hereby repealed.
The laws referred to in the first column of the Schedule are hereby amended to the extent mentioned in the third column thereof.
Nothing in this Act affects any of the powers exercised by the Minister in terms of section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), before the commencement of this Act.
This Act is called the Jurisdiction of Regional Courts Amendment Act, 2008, and comes into operation on a date fixed by the President by proclamation in the Gazette.
Different dates may be so fixed in respect of different regional divisions for the purposes of section 2 (1) (g) (ii) of the Magistrates' Courts Act, 1944 (Act 32 of 1944), as inserted by section 2 of this Act.
(1) Any candidate attorney who has satisfied all the requirements for the degree referred to in paragraph (a) of section 2 (1), or for the degrees referred to in paragraph (a A) of that section, or for a degree or degrees referred to in paragraph (a B) of that section in respect of which a certification in accordance with that paragraph has been done, shall be entitled to appear in any court, other than any High Court, and before any board, tribunal or similar institution in or before which his or her principal is entitled to appear, instead of and on behalf of such principal, who shall be entitled to charge the fees for such appearance as if he or she himself or http://juta/nxt/print.aspNXTScript=nxt/. dll&NXTHost=juta&function=fullact 7/23/201?
has at least one year's experience as a state advocate, state prosecutor or magistrate.'.
' "court" means any High Court as contemplated in section 166 of the Constitution of the Republic of South Africa, 1996, or a court for a regional division contemplated in section 29 (1B) of the Magistrates' Courts Act, 1944 (Act 32 of 1944), which has jurisdiction with respect to a divorce action;'.
JURISDICTION OF REGIONAL COURTS AMENDMENT ACT 31 OF 2008 Page 5 of 5 regional division established under section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and before any board, tribunal or similar institution in which his or her principal is entitled to appear, instead of or on behalf of such principal, who shall be entitled to charge the fees for such appearance as if he or she himself or herself had appeared.'.
Every magistrate's court for a district, established in terms of section 2 (1) (e) of the Magistrates' Courts Act, 1944 (Act 32 of 1944), is within its area of jurisdiction a maintenance court for the purposes of this Act.'.
' court' means any magistrate's court for a district contemplated in the Magistrates' Courts Act, 1944 (Act 32 of 1944).'.