ATC200622: Report of the Portfolio Committee on Justice and Correctional Services on Government Notice No R. 1692 published in Government Gazette No 42916 dated 20 December 2019: Regulations for Judicial Officers in the Lower Courts, 1993: Amendment, made under section 16 of the Magistrates Act, 1993 (Act No 90 of 1993), dated 19 June 2020

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on Government Notice No R. 1692 published in Government Gazette No 42916 dated 20 December 2019: Regulations for Judicial Officers in the Lower Courts, 1993: Amendment, made under section 16 of the Magistrates Act, 1993 (Act No 90 of 1993), dated 19 June 2020
 

The Portfolio Committee on Justice and Correctional Services, having considered Government Notice No R. 1692 published in Government Gazette No 42916 dated 20 December 2019: Regulations for Judicial Officers in the Lower Courts, 1993: Amendment, made under section 16 of the Magistrates Act, 1993 (Act No 90 of 1993), referred to it, reports as follows:

 

1. The Notice containing amendments to the Regulations for Judicial Officers in the Lower Courts, 1993, was referred to the Committee for consideration on 10 February 2020.

 

1. The Committee was briefed on the contents of the amendments to the Regulations on 17 June 2020. Briefly, the amended Regulations address the leave dispensation applicable to judicial officers of the lower courts with the intention to further de-link the magistracy from public service prescripts to allow for greater independence.

 

1. The Committee notes, further, that the amended Regulations came into operation on 1 January 2020.

 

1. The Committee notes further that section 16(2)(A) of the Magistrates Act, 1993 provides that a “[R]egulation made under this section shall be in force unless and until Parliament … by resolution disapproves the regulation, in which event the regulation shall lapse with effect from a date to be specified in the resolution”.

 

1. Having considered Government Notice No R. 1692 published in the Government Gazette No 42916 dated 20 December 2019: Regulations for Judicial Officers in the Lower Courts, 1993: Amendment, made under section 16 of the Magistrates Act, 1993 (Act No 90 of 1993), the Committee confirms the Notice.

 

 

Report for information purposes.