Judicial Matters Amendment Bill [B14- 2016]

The Portfolio Committee on Justice and Correctional Services invites you to submit written submissions on the Judicial Matters Amendment Bill [B14- 2016]

The purpose of the Judicial Matters Amendment Bill [B14- 2016] is to amend the:

▪ Magistrates’ Courts Act, 1944 - to regulate the benefits of magistrates who are required to dispose of proceedings which were not disposed of on vacation of the office of magistrate; and provide for the appointment of magistrates of regional divisions to adjudicate on civil disputes;
▪ State Liability Act, 1957 - to regulate the service of court process; regulate the issuing of writs of execution or warrants of execution by registrars or clerks of the court; and amend certain definitions;
▪ Administration of Estates Act, 1965 - to enable the Cabinet member responsible for administration of justice to make regulations on persons who may liquidate and distribute deceased estates;
▪ South African Law Reform Commission Act, 1973 - to regulate the constitution of the South African Law Reform Commission;
▪ Criminal Procedure Act, 1977 - to regulate the prescription of the right to institute prosecutions; regulate the availability of certain witnesses in criminal proceedings; regulate the competency or compellability of witnesses to give evidence; and effect technical corrections;
▪ Attorneys Act, 1979 - to regulate the engagement of candidate attorneys;
▪ Small Claims Courts Act, 1984 - to give the Rules Board for Courts of Law the power to make rules regulating various aspects in respect of small claims courts;
▪ Rules Board for Courts of Law Act, 1985 - to regulate the constitution of the Rules Board for Courts of Law;
▪ Sheriffs Act, 1986 - to regulate the appointment of sheriffs; regulate the allocation of areas for sheriffs; provide for the transfer of certain moneys in the trust accounts of sheriffs to the Fidelity Fund for Sheriffs; and assist certain litigants with the payment of costs for the execution of small claims court judgments;
▪ Magistrates Act, 1993 - to effect technical corrections; regulate the composition of the Magistrates Commission; and extend the age of retirement of magistrates;
▪ Criminal Law Amendment Act, 1997 - to include rape and compelled rape of an older person in Part I of Schedule 2;
▪ National Prosecuting Authority Act, 1998 - to provide for the establishment of offices for the prosecuting authority at local seats of Divisions of the High Court;
▪ Debt Collectors Act, 1998 - to regulate the powers of the Council for Debt Collectors;
▪ Promotion of Access to Information Act, 2000 - to regulate the designation and training of presiding officers;
▪ Promotion of Administrative Justice Act, 2000 - to regulate the designation and training of presiding officers;
▪ Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 - to add HIV/AIDS status to the definition of ‘‘prohibited grounds’’ and regulate the designation and training of presiding officers;
▪ Institution of Legal Proceedings against certain Organs of State Act, 2002 - to regulate the service of notices against organs of state; and the service of process against organs of state in accordance with the provisions of the State Liability Act, 1957;
▪ Children’s Act, 2005 - to effect technical corrections;
▪ Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 - to regulate the categories of persons whose particulars must be included in the National Register for Sex Offenders; the inclusion of the particulars of convicted persons in the National Register for Sex Offenders; and the designation of sexual offences courts;
▪ Prevention and Combating of Trafficking in Persons Act, 2013 - to effect technical corrections;
▪ Superior Courts Act, 2013 - to regulate the electronic transmission of summonses, writs and other process; and
▪ Legal Aid South Africa Act, 2014 - to effect technical corrections; and regulate the term of appointment of members of the Board of Legal Aid South Africa.

Submissions must be received by no later than 3 March 2017. Please indicate your interest in making a verbal presentation. Public hearings will be held in Parliament.

Comments can be emailed to Mr. V Ramaano at [email protected] by no later than Friday, 3 March 2017

For Public hearings' dates and enquiries please contact Mr V Ramaano on tel (021) 403 3820 or cell 083 709 8427

Issued by Hon. Dr Mathole Motshekga, MP, Chairperson: PC on Justice and Correctional Services