To provide for the rationalisation and consolidation of certain statutes by the extension of the operation of certain laws to certain areas forming part of the national territory of the Republic of South Africa in substitution for certain other laws applied in those areas; to repeal such other laws; and to provide for matters connected therewith.
'Minister' means the Minister of Justice.
[Date of commencement of sub-para. (v) in so far as it applies to the extension of the Magistrates' Courts Act 32 of 1944: to be proclaimed.
Any reference to a particular law specified in Schedule I shall be construed as a reference to such law as it applied immediately before the commencement of this Act, including any amendment effected in its application by a competent authority.
The laws specified in Schedule II are hereby repealed to the extent indicated in the third column thereof.
[Date of commencement in so far as it applies to the repeal of the whole of Decree 4 (Ombudsman) of 1988 in the area of Transkei: 1 August 2000; the repeal of the whole of the Ombudsman Act 9 of 1986 and the Ombudsman Amendment Act 39 of 1991: 1 April 1999, in the area of Bophuthatswana; the repeal of ss. 14, 15, 18, 18A and 107 of the Magistrates' Courts Act 32 of 1944 in the area of Lebowa and the repeal of the whole of the Qwaqwa Ombudsman Act 6 of 1987 in the area of Qwaqwa: 1 August 2000.
The laws of the former Republic of South Africa specified in Schedule III are hereby amended to the extent indicated in the third column thereof.
Any reference to a provincial or local division of the Supreme Court of South Africa in any of the laws specified in Schedule I shall, in relation to an affected territory in which the Supreme Court Act, 1959 (Act 59 of 1959), does not apply, be deemed to be a reference to the Supreme Court or the General Division of the Supreme Court having jurisdiction in that territory.
Notwithstanding anything contained in section 2, sections 315 and 316 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall have no force or effect in the affected territory of Venda until the laws of that territory relating to appeals have been repealed or appropriately amended.
Section 20 of the Supreme Court Act, 1959, and the Rules regulating the conduct of the proceedings of the various Provincial and Local Divisions of the Supreme Court of South Africa (otherwise known as the Uniform Rules of Court), as amended from time to time, dealing with appeals to and from a full court shall, mutatis mutandis , apply to the General Division of the Supreme Courts of the former Transkei, Bophuthatswana and Ciskei.
Any district or regional division created, named or defined and any court established in any affected territory under section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), or any other corresponding law, shall continue to exist and shall be deemed to have been created, named, defined or established by the Minister under section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944).
Notwithstanding anything contained in this Act, section 29A of the Magistrates' Courts Act, 1944, shall be of no force or effect in any affected territory where the said section did not previously apply, until the laws of the said territory relating to traditional courts have been repealed or appropriately amended.
JUSTICE LAWS RATIONALISATION ACT 18 OF 1996 Page 3 of 60 said section did not previously apply, until the laws of such territory relating to traditional courts have been repealed or appropriately amended.
sections 3 and 4 of the Criminal Procedure Act, 1977, as applicable in the former Republics of Bophuthatswana, Venda and Ciskei, shall continue to apply in those territories until the application of the Attorney-General Act, 1992 (Act 92 of 1992), is extended to such territories.
Notwithstanding the provisions of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989 (Act 6 of 1989), or the coming into operation of the Constitution, any maintenance order registered in terms of section 4 of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989, or confirmed in terms of section 6 of that Act or under any corresponding law in force in any of the affected territories, shall continue to be in force, and shall be deemed to be a maintenance order made under section 16 (1) (a) (i) or (b) (i) of the Maintenance Act 1998, as the case may be, by the maintenance court where such order has been so registered or confirmed.
Any maintenance order, or other order related thereto, made in any affected territory under any law repealed by this Act, shall continue to be in force, and shall be deemed to have been made under a corresponding provision of the Maintenance Act, 1998.
[Sub-s. (2) substituted by s. 45 (1) of Act 99 of 1998.
Subsection (1) shall be deemed to have come into operation on 27 April 1994.
Subject to section 6 (2), nothing in this Act shall affect the continuing application, mutatis mutandis , of any rules of court made under any law until repealed or appropriately amended in terms of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985).
[Sub-s. (2) deleted by s. 6 (4) of Act 115 of 1998.
All regulations or other notices promulgated by the Minister under any of the laws specified in Schedule 1, shall apply in all affected territories where they did not previously apply, and shall apply throughout the national territory of the Republic, and all other regulations or other notices made by other functionaries under an Act repealed by this Act, and in operation in any affected territory shall, subject to section 11, be deemed to have been repealed.
whether such court has jurisdiction to dispose of a case where a prosecution in respect of such offence had been instituted prior to the commencement of this Act, the prosecuting authority or the court concerned shall, if it would prior to the commencement of this Act have had such authority, be deemed to have the authority to institute such a prosecution or to dispose of such a case, as the case may be: Provided that no such prosecution shall be instituted after the commencement of this Act without authority given in writing by the Attorney-General concerned after consultation with the prosecuting authority having jurisdiction in the other area where the offence was committed.
The laws extended by section 2 relating to procedure and evidence shall apply in any criminal proceedings instituted and conducted in terms of subsection (1): Provided that where a prosecution referred to in subsection (1) has been instituted prior to the commencement of this Act, the case shall be disposed of in terms of the laws applicable to the court concerned immediately before the commencement of this Act.
affect any appointment to any office made under any law repealed by this Act, if a corresponding law referred to in Schedule I also provides for such an appointment, and anything done in connection with or by virtue of any such appointment shall be deemed to have been done under such corresponding law.
When the operation of a law specified in Schedule I is made applicable to an affected territory by section 2 and a provision of such a law confers a power, jurisdiction or right, or imposes a duty or entrusts a function to the holder of an office, a body, an institution or any other authority appointed or established in terms of or under a law which has not been made applicable to such affected territory, such power, jurisdiction or right shall be exercised and such duty or function shall be performed by the holder of a corresponding office, or a corresponding body, institution or authority appointed or established for the purpose of exercising a corresponding power, jurisdiction or right, or performing a corresponding duty or function in terms of or under a law applicable to such affected territory.
[Sub-s. (2) added by s. 25 of Act 104 of 1996.
Any reference in a law specified in Schedule I to a duty, function, power, procedure, process, provision or any other act in terms of or under another law which, when the operation of the first-mentioned law is made applicable to an affected territory, has not been made applicable to such affected territory, shall be construed as a reference to a duty, function, power, procedure, process, provision or act in terms of or under a corresponding law applicable to such affected territory.
an accused had pleaded but judgment or sentence had not been passed.
[Sub-s. (3) added by s. 25 of Act 104 of 1996.
16 Repeals section 20 of the General Law Amendment Act 98 of 1965.
17 Repeals section 4 of the Justices of the Peace and Commissioners of Oaths Amendment Act 55 of 1970.
This Act shall be called the Justice Laws Rationalisation Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
different areas referred to in section 2 (1).
[Schedule II amended by s. 21 of Act 34 of 1998.
[Date of commencement of repeal of Decree 4 of 1988: 1 August 2000.
[Date of commencement of repeal of Act 9 of 1986: 1 April 1999.
[Date of commencement of repeal of Act 6 of 1987: 1 August 2000.
of the words 'an order under section 60 of the Children's Act, 1960, is rescinded, or if'.
Amendment of section 36 by the substitution for the expression 'section thirteen of the Stock Theft Act, 1923 (Act 26 of 1923)' of the expression 'section one of the Stock Theft Act, 1959 (Act 57 of 1959)'.
Theft Act, 1959'.
'"State Attorney" means the officer appointed under paragraph (a) of subsection (1) of section two of the State Attorney Act, 1957 (Act 56 of 1957).'.
Amendment of section 16 by the substitution in subsection (2) for the expression 'the penalties mentioned in section fifteen ' of the expression 'a fine or imprisonment for a period not exceeding five years or to both such a fine and such imprisonment'.
Amendment of section 3 by the substitution for the expression 'Motor Vehicle Insurance Act, 1942 (Act 29 of 1942)' of the expression 'Motor Vehicle Accidents Act, 1986 (Act 84 of 1986)'.
Act, 1959' of the expression 'Correctional Services Act, 1959'.
for the expression 'prison service' of the expression 'the Department of Correctional Services'.
If any provision of the Credit Agreements Act, 1980, is, in terms of the said Act or any notice issued under the said Act, applicable to any credit transaction, the provisions of this Act shall not apply to such credit transaction in so far as they are in conflict with the provision in question.'.
Amendment of section 2 by the deletion in subsection (2) of the words 'the furnishing of information in contravention of the provisions of section 2 of the Second General Law Amendment Act, 1974, or is'.
Any power to make rules for any court of law, shall be deemed to include the power to make rules for giving effect to the provisions of sections two and three of this Act in the Republic.'.
The Republic of Transkei; The Republic of Bophuthatswana; The Republic of Venda; and The Republic of Ciskei.
by the substitution in subsection (3) for the expression 'section three hundred and thirty-seven' of the expression 'section 288'.
by the substitution in subsection (3) for the expression 'a division contemplated in section 1 of the Electoral Act, 1979' of the expression 'the National Assembly, the Senate or a provincial legislature contemplated in the Electoral Act, 1993'.
' Chief of the South African National Defence Force and Commissioned Officer of the Permanent Force of the South African National Defence Force.'
by the deletion of the eleventh and twelfth items.
Act 16 of 1965 Prevention of Counterfeiting of Currency Act, 1965 (a) Amendment of section 1 by the substitution in the definition of 'bank note' for the expression 'section ten of the South African Reserve Bank Act, 1944 (Act 29 of 1944)' of the expression 'section fourteen of the South African Reserve Bank Act, 1989 (Act 90 of 1989)'.
Amendment of section 4 by the substitution in subsection (1) for the expression 'Secretary of Foreign Affairs' of the expression 'Director-General: Foreign Affairs'.
10A Status of certain marriages.
Any customary marriage or customary union, concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law, shall be regarded as a valid marriage for the purposes of the law of evidence.
by the substitution in the definition of 'soldier' in subsection (3) for the expression 'South African Defence Force' of the expression 'South African National Defence Force'.
Amendment of section 16 by the substitution in subsection (3) for the expression 'Prisons Act, 1959' of the expression 'Correctional Services Act, 1959'.
for the expression ' section 8 of the Workmen's Compensation Act, 1941 (Act 30 of 1941)' of the expression ' section 36 of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993)'.
Amendment of section 8 by the substitution in subsection (1) for the expression 'Public Service Act, 1957 (Act 54 of 1957)' of the expression 'Public Service Act, 1994 (Proclamation 103 of 1994)'.
Amendment of section 9 by the substitution in paragraph (b) of subsection (1) for the expression 'Public Service Act, 1957 (Act 54 of 1957)' of the expression 'Public Service Act, 1994 (Proclamation 103 of 1994)'.
Amendment of the Act by the substitution for the expression 'State President' wherever it occurs of the expression 'President'.
Act 94 of 1974 Second General Law Amendment Act, 1974 Repeal of section 3.
Act 51 of 1977 Criminal Procedure Act, 1977 (a) Amendment of section 1 by the substitution in the definition of 'peace officer' for the words 'member of the prisons service as defined in section 1 of the Prisons Act, 1959' of the words 'correctional official as defined in section 1 of the Correctional Services Act, 1959'.
Amendment of section 40 by the substitution in paragraph (m) of subsection (1) for the expression 'South African Defence Force' of the expression 'South African National Defence Force'.
Amendment of section 60 by the substitution in subsection (1) for the expression 'prisons service' of the expression 'Department of Correctional Services'.
'(2) For the purposes of the law of evidence in criminal proceedings, "marriage" shall include a customary marriage or customary union concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law.'.
Amendment of section 250 by the substitution in paragraph (a) of subsection (2) for the expression 'State Revenue Fund' of the expression 'National Revenue Fund'.
Amendment of section 279 by the substitution in subsections (2) and (3) for the expression 'Prisons Act, 1959' of the expression 'Correctional Services Act, 1959'.
Amendment of section 297 by the substitution in item (ee) of subparagraph (i) of paragraph (a) of subsection (1) for the expression 'Children's Act, 1960 (Act 33 of 1960)' of the expression 'Probation Services Act, 1991 (Act 116 of 1991)'.
Amendment of section 307 by the substitution in paragraph (b) of subsection (2) for the expression 'prisons service' of the expression 'Department of Correctional Services'.
Amendment of section 341 by the substitution in subparagraph (ii) of paragraph (e) of subsection (2) for the expression 'Rural Coloured Areas Law, 1979 (Law 1 of 1979), of the Coloured Persons Representative Council of the Republic of South Africa' of the expression 'Rural Areas Act (House of Representatives), 1987 (Act 9 of 1987)'.
by the substitution for the expression 'President's patient' wherever it occurs in the said section of the expression 'State patient'.
by the deletion in paragraph (b) of subsection (2) of the words 'or the South African Railway Police Force'.
by the deletion of the words 'or the South African Railway Police Force' wherever it occurs in the said section.
Amendment of section 14 by the substitution for the expression 'State President' of the expression 'President'.
Act 61 of 1984 Small Claims Courts Act, 1984 Amendment of section 9 by the addition at the end of paragraph (c) of subsection (2) of the following words: 'read with section 10 of the Magistrates Act, 1993 (Act 90 of 1993)'.
Act 88 of 1984 Matrimonial Property Act, 1984 Amendment of section 1 by the substitution in the definition of 'listed securities' for the expression 'Stock Exchanges Control Act, 1947 (Act 7 of 1947)' of the expression 'Stock Exchanges Control Act, 1985 (Act 1 of 1985)'.
Act 107 of 1985 Rules Board for Courts of Law Act, 1985 Amendment of section 8 by the substitution in subsection (2) for the expression 'Public Service Act, 1984 (Act 111 of 1984)' of the expression 'Public Service Act, 1994 (Proclamation 103 of 1994)'.
'(4) For the purposes of this section "indigenous law" means the law or custom as applied by the Black tribes in the Republic.'.
Act 57 of 1988 Trust Property Control Act, 1988 Amendment of section 20 by the substitution in paragraph (d) of subsection (2) for the expression 'President's patient' of the expression 'State patient'.
Act 103 of 1991 Short Process Courts and Mediation in Certain Civil Cases Act, 1991 Amendment of section 7 by the addition at the end of paragraph (c) of the following words: 'read with section 10 of the Magistrates Act, 1993 (Act 90 of 1993)'.
Amendment of section 2 by the substitution in paragraph (a) of subsection (2) for the expression 'Administrator' of the expression 'Premier'.
of the definition of 'responsible authority' of the words 'an Administration of'.
by the substitution in subsection (2) for the expressions 'State Revenue Fund' and 'State Revenue Account' of the expressions 'National Revenue Fund' and 'National Revenue Account', respectively.
Amendment of the said Act by the substitution for the expressions 'administrator' and 'an administrator' wherever they occur in the said Act of the expressions 'Premier' and 'a Premier', respectively.
Repeal of section 12.
Amendment of section 1 by the deletion of the definition of 'Republic'.
National Defence Force'.
South African Police Service to grant such approval;'.
Telecommunications' of the expression 'Minister for Posts, Telecommunications and Broadcasting'.
by the substitution for the expression 'South African Defence Force' wherever it occurs of the expression 'South African National Defence Force'.
Amendment of section 4 by the substitution in subparagraph (iii) for the expression 'Director-General: National Health and Population Development' of the expression 'Director-General: Welfare'.
Amendment of section 5 by the substitution in subparagraph (ii) for the expression 'Director-General: National Health and Population Development' of the expression 'Director-General: Welfare'.
Amendment of section 8 by the substitution for the expression 'South African Police' of the expression 'South African Police Service'.
Amendment of section 12 by the substitution in paragraph (a) of subsection (1) for the expression 'Commission for Administration' of the expression 'Public Service Commission'.
Amendment of section 13 by the substitution in item (bb) of subparagraph (ii) of paragraph (c) of subsection (5) for the expression 'section 15 (4) of the Public Service Act, 1984 (Act 111 of 1984)' of the expression 'section 16 (4) of the Public Service Act, 1994 (Proclamation 103 of 1994)'.
6 Substitution of section 9 of Act 32 of 1944 , as substituted by section 2 of Act 8 of 1967 and amended by section 4 of Act 53 of 1970 , section 8 of Act 102 of 1972 , section 11 of Act 29 of 1974 , section 24 of Act 94 of 1974 , section 1 of Act 28 of 1981 , section 2 of Act 34 of 1986 and section 17 of the Magistrates Act of 1993.
JUSTICE LAWS RATIONALISATION ACT 18 OF 1996 Page 58 of 60 family division, respectively.
The Minister may, with due regard to the circumstances and the extent of judicial functions in a particular district for which a magistrates' court and a civil court have been established, appoint a judicial officer as magistrate, additional magistrate or assistant magistrate and civil magistrate for that district, and in any such case any such person shall possess the powers and jurisdiction and perform the duties connected to both such offices: Provided that a magistrate, additional magistrate or assistant magistrate who presided at criminal proceedings from which a civil action arises in a civil court and in which the same parties are involved, shall not preside in that court in respect of that action unless the parties agree thereto.
or has passed an examination referred to in that section.
or (4): Provided that the provisions of section 9 quat (4) shall not apply to any such person who is subject to the laws governing the public service.'.
for the expressions "messenger" and "Consolidated Revenue Fund" of the expressions "sheriff" and "National Revenue Fund", respectively; and'.
JUSTICE LAWS RATIONALISATION ACT 18 OF 1996 Page 60 of 60 of the sheriff or any other person acting on his or her behalf in respect of which attachment has been withdrawn or which is released from attachment and in respect of which the owner or person from whose possession the property has been removed, cannot be traced, and which cannot be disposed of in terms of this Act, shall be sold by the sheriff by public auction, and the proceeds of the sale shall, after deduction of the sheriff's costs, be paid into the National Revenue Fund: Provided that such sale shall not take place unless such property has remained unclaimed for a period of fourteen days after the sheriff has published, in one English and one Afrikaans newspaper circulating in the district where the last known address of the judgment debtor is situate, a notice containing the name of the judgment debtor and a description of the property and stating the intention to sell such property if it is not claimed within the period specified therein.
The proceeds of a sale paid into the National Revenue Fund in terms of this section, shall be refunded out of accruing revenue to any person who satisfies a civil magistrate of the district in which the sale took place that he or she would have been entitled to receive the property referred to in this section after the attachment thereof had been withdrawn or the property had been released from attachment.'.