Judicial Matters Amendment Bill [B14- 2016]

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

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

▪  Magistrates’ Courts Act, 1944 - further 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 further provide for the appointment of magistrates of regional divisions to adjudicate on civil disputes;
▪  State Liability Act, 1957 - further regulate the service of court process; further 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 enable the Cabinet member responsible for the administration of justice to make regulations regarding persons who may liquidate and distribute deceased estates;
▪  South African Law Reform Commission Act, 1973 further regulate the constitution of the South African Law Reform Commission;
▪  Criminal Procedure Act, 1977 - further regulate the prescription of the right to institute prosecutions; further regulate the availability of certain witnesses in criminal proceedings; further regulate the competency or compellability of witnesses to give evidence; and effect technical corrections;
▪  Attorneys Act, 1979 further regulate the engagement of candidate attorneys;
▪  Small Claims Courts Act, 1984 give the Rules Board for Courts of Law the power to make rules regulating various aspects of small claims courts;
▪  Rules Board for Courts of Law Act, 1985 further regulate the constitution of the Rules Board for Courts of Law;
▪  Sheriffs Act, 1986 - further regulate appointment of sheriffs; regulate allocation of areas for sheriffs; provide for transfer of certain moneys in trust accounts of sheriffs to Fidelity Fund for Sheriffs; and assist certain litigants with payment of costs for execution of small claims court judgments;
▪  Magistrates Act, 1993 - effect technical corrections; further regulate composition of Magistrates Commission; extend age of retirement of magistrates;
▪  Criminal Law Amendment Act, 1997 include rape and compelled rape of an older person in Part I of Schedule 2;
▪  National Prosecuting Authority Act, 1998 provide for establishment of offices for prosecuting authority at local seats of Divisions of the High Court;
▪  Debt Collectors Act, 1998 further regulate the powers of the Council for Debt Collectors;
▪  Promotion of Access to Information Act, 2000 further regulate the designation and training of presiding officers;
▪  Promotion of Administrative Justice Act, 2000 further regulate the designation and training of presiding officers;
▪  Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 add HIV/AIDS status to the definition of ‘‘prohibited grounds’’ and further regulate the designation and training of presiding officers;
▪  Institution of Legal Proceedings against certain Organs of State Act, 2002 further 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 effect technical corrections;
▪  Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 further 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 effect technical corrections;
▪  Superior Courts Act, 2013 further regulate the electronic transmission of summonses, writs and other process; and
▪  Legal Aid South Africa Act, 2014 - effect technical corrections; and further regulate term of appointment of members of Board of Legal Aid South Africa.

Submissions must be received by no later than 15 March 2017. Please indicate if you are interested 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 Wednesday, 15 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