Vol. 458 Cape Town 4 August 2003 No.
The Minister for Justice and Constitutional Development intends introducing the Constitution of the Republic of South Africa Third Amendment Bill, 2003, in the National Assembly. The particulars of the proposed amendments are hereby published for public comment in accordance with section74(5)(a) of the Constitutionof the Republic of South Africa, 1996 (Act 108of 1996).
Words in bold type in brackets omissions existing enactments.
Wordsunderlined -with- a-- solid-line indicate insertions in existing enactments.
To amend the Constitution of the Republic of South Africa,1996, in order to make provision for the appointment of two Deputy Presidents to the Supreme Courtof Appeal; to make provision for the conversion of the various High Courts into a single High Court of South Africa; andto provide for matters connected therewith.
Amendment of section 166 of Act 108 of 1996 1.
Amendment of section 167 of Act 108 of 1996, as amended by section11 of Act 34 15 of 2001 2.
Amendment of section 168 of Act 108 of 1996, as amended by section 12 of Act 34 of 2001 3.
"(1)The Supreme Court of Appeal consists of a President,[a Deputy President] two Deputy Presidents and the numberof judges of appeal determined in terms of an Act of Parliament.".
Substitution of section 169 of Act 108 of 1996 4.
is assigned by an Act of Parliament to another court of a status and Court; High a to similar any other matter not assigned to another court anbyAct of Parliament.
The High Court of South Africa consists of the Divisions, with the areas of jurisdiction, as determined in terms of an Act of Parliament.
Amendment of section 172 of Act 108 of 1996 5.
Substitution of section 173 of Act 108 of 1996 6.
The Constitutional Court, SupremeCourt of Appeal andHigh [Courts] Court of South Africa have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interestsof justice.
Amendment of section 174 of Act 108 of 1996, as amended by section 13 of Act 34 of 2001 7. Section 174of the Constitution is amended by the substitution for subsection(3)of subsection: following the?
"(3)The President as head of the national executive, after consulting the Judicial ServiceCommissionandtheleaders of parties representedintheNational Assembly, appointsthe Chief Justice andtheDeputyChiefJusticeand, after consulting the Judicial Service Commission, appoints the President and Deputy [President]Presidents of the Supreme Court of Appeal.".
Amendment of section 178 of Act 108 of 1996, as amended by section 2 of Act 65 of 1998 and section 16 of Act 34of 2001 8.
"(k) when considenng manersrelatlng to a specific Division of the High Court of South Africa, the Judge President of that [Court] Division designated by each of them."
"(7) If the Chief Justice or the President of the Supreme Court of Appeal is temporarily unable to serve on the Commission, the Deputy ChiefJustice or [the] 2 DeputyPresident of the SupremeCourt of Appeal, a$ the casemaybe, acts as his or her alternate on the Commission.".
Amendment of Schedule 6 to Act 108 of 1996, as amended by section 3 of Act 35 of 1997, section 5 of Act 65 of 1998 and 20 of Act 34 of 2001 9. Schedule 6 to the Constitution is amended by the addition to item 16 of the following subitem: "(8) Anyoneholding office, when theAct of Parliament referred to in section 169(2) of the new Constitution takes effect, as a Judge President, Deputy Judge President or a judge of a High Court, becomes a Judge President, Deputy Judge President or judge of the relevant Division of the High Court of South Africa in accordance with the provisionsof that Act.".
The Bill amends the Constitution of the Republic of South Africa, 1996 (Act No.
Firstly, provision is made for a single "High Court of South Africa", consisting of the Divisions, with the areas of jurisdiction, as determined in terms of an Act of Parliament.
Secondly, provision is made for the appointment of a second Deputy President of the Supreme Court of Appeal.
The amendments contained in the Bill are required in order to constitutionally sanction certain corresponding provisions of the Superior Courts Bill, 2003. The Superior Courts Bill will largely be giving effect to item 16(6) of Schedule 6 to the Constitution, in terms of which all courts mustbe rationalised with the view to establishing a judicial system suited to the requirements of the Constitution. This Bill aims to rationalise and to consolidate the laws pertaining to the Constitutional Court, the Supreme Court of Appeal and the High Courts, referred to collectively as the "Superior Courts". It also merges the Labour Court and the Labour Appeal Court with the proposed High Court of South Africa and the Supreme Courtof Appeal, respectively.
Parliamentary Procedure: The State Law Advisers and the Department of Justice and Constitutional Development are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 74(3) of the Constitution, since it amends provisions of the Constitution other than section 1, section 74(1) or Chapter 2.