JACQUES DU PREEZ

Prokureurs, Transportbesorgers & Boedelberedderaars

Attorneys, Conveyancers & Administrators of Estates

 

Jacques du Preez (B.Juris LL.B)(UPE)                             Candidate Attorney:

                                                                                                 Hayley Biljon (LLB)(UPE)

 

 

96 MANGOLD STREET, NEWTON PARK, PORT ELIZABETH, 6045                  

PO BOX 1918, PORT ELIZABETH, 6000

VAT Reg. No. 470 019 1184

 

 

Ons verw/Our ref:  J DU PREEZ/tl/

U verw/Your ref:                                    

          

 

                                                                                                                30 January 2008              


 

 

MS PH SIBISI                                                              

 

 

DEAR MADAM

 

RE:  PUBLIC HEARINGS OF THE PORTFOLIO COMMITTEE ON JUSTICE AND 

        CONSTITUTIONAL DEVELOPMENT ON THE JURISDICTION OF REGIONAL

        COURTS BILL [B48-2007]

 

I was informed that the Bill aims to bestow extended civil jurisdiction on the Regional Courts by including jurisdiction to deal with all matters currently falling within the jurisdiction of the Divorce Courts, that the Divorce Court will be merged with and become part of the Regional Courts and that the Bill intends repealing the Administration Act of 1929.

 

Our firm’s experience of the Southern Divorce Court in Port Elizabeth has been extremely positive over the past few years.  The court system works effectively and matters are handled expeditiously.  Even matters set down for trial are handled in quick succession.  Unopposed matters are handled quite quickly.  The personnel are experienced and efficient.

 

Our experience of the Regional Courts are unfortunately not as positive as we have often experienced that the rolls are over-congested, be that due to limited number of Regional Court Magistrates or not enough Regional Courts sitting at a given stage.  We consider courts to be “horses for courses” in other words the Southern Divorce Court in Port Elizabeth is geared for divorce and family matters and is working efficiently, then why change it?  On the other hand, to our knowledge the Regional Court Magistrates are not currently trained in Family Law but deal exclusively with criminal matters.  Should the Divorce Court merge with the Regional Courts without experienced Presiding Officers handling the Family Law matters, we most surely do not agree with this Bill.  Also, should the Divorce Court merge with the Regional Courts without more premises and personnel being appointed to carry the workload, we also object to the Bill.

 

Of course we cannot comment on how efficiently the Divorce Courts in the rest of the country operate and we tender no input in that regard.

 

Another aspect that should be addressed urgently is the tariffs of party and party costs that a party can recover: it is simply too low and needs revision.

 

Kindly confirm receipt.

 

 

 

Yours faithfully

 

 

 

JACQUES DU PREEZ