ATC130612: Report of the Select Committee on Security and Constitutional Development on the Notice tabled in terms of section 2(2) of the Interim Rationalization of Jurisdiction of High Court Act No 41 of 2001, dated 12 June 2013.

Report of the Select Committee on Security and Constitutional Development on the Notice tabled in terms of section 2(2) of the Interim Rationalization of Jurisdiction of High Court Act No 41 of 2001 , dated 12 June 2013.

The Select Committee on Security and Constitutional Development received a briefing on the notice tabled in terms of section 2(2) of the Interim Rationalization of Jurisdiction of High Court Act No 41 of 2001 :

Section 2(1) of the Interim Rationalization of Jurisdiction of High Court Act No 41 of 2001 authorises the Minister to alter the area of jurisdiction of a High Court or amend or withdraw any notice issued in terms of this section and states;

“ 2 (1) Notwithstanding the provisions of any other law, the Minister may, after consultation with the Judicial Service Commission, by notice in the Gazette-

(a) alter the area of jurisdiction for which the High Court has been established by including therein or exercising therefrom any district or part thereof;

(b) amend or withdraw any notice issued in terms of this section.

Section 2(2) of the Interim Rationalization of Jurisdiction of High Court Act No 41 of 2001 requires Parliament’s approval before the notice may be published in the Gazette.

Section 2(2) reads:

“2(2) Any notice referred to in subsection (1) must be approved by Parliament before publication thereof in the Gazette.

Submission to alter the areas of jurisdiction of the North West High Court, Mahikeng and the Northern High Court, Kimberley

1. The Constitution Twelfth Amendment Act, 2005 altered the boundaries of the Northern Cape and the North West provinces.

2. The alteration resulted in the Moshwaneng Local Municipality being included in the Northern Cape Province .

3. These changes necessitated a consequential change in the Kudumane magisterial district which falls under the area of jurisdiction of the North West High Court, Mahikeng .

4. The Minister consulted with the Judicial Services Commission and the Heads of Courts on 7 April 2013 to seek their approval of the notice. Both the Judicial Services Commission and the Heads of Court approved the notice.

The Select Committee on Security and Constitutional Development reports that it has concluded its deliberations on the notice tabled in terms of section 2(2) of the Interim Rationalization of Jurisdiction of High Court Act No 41 of 2001 and recommends that the National Council of Provinces approve the notice.

Report to be considered.