Judicial Matters Second Amendment Act

Link to law: http://www.gov.za/documents/judicial-matters-second-amendment-act
Published: 2004-03-31

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Judicial Matters Second Amendment Act [No. 55 of 2003]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 465 Cape Town 31 March 2004 No. 26206
THE PRESIDENCY No. 428 31 March 2004
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 55 of 2003: Judicial Matters Second Amendment Act, 2003.

2 No. 26206 GOVERNMENT GAZETTE, 31 MARCH 2004
Act s o . 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003
GENERAL EXPLANATORY NOTE:
] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 25 March 2004.)
ACT To amend the Administration Amendment Act, 1929, so as to eliminate any uncertainty relating to the appointment of presiding officers of Divorce Courts in an acting, temporary or permanent capacity; to amend the Insolvency Act, 1936, so as to further regulate agreements providing for termination and netting of certain unperformed obligations and obligations in respect of assets transferred as collateral security in the event of sequestration; to amend the Prevention of Counterfeiting of Currency Act, 1965, so as to make further provision regarding the evidentiary burden of proof on a n accused person; to amend the Criminal Procedure Act, 1977, so as to ensure the consideration of a pre-trial services report in respect of bail proceedings; to further regulate correctional supervision as a sentencing option in certain circumstances; to make provision for a complainant to make representations with regard to the placement of accused persons on parole and to set out the duties of such complainant; and to make provision for the submission of a report to Parliament containing certain particulars in respect of accused persons whose trials have not commenced and who have been in custody for a particular period of time; to amend the Attorneys Act, 1979, so as to provide for the mandatory attendance of a legal practice management course by certain attorneys; to amend the Divorce Act, 1979, so as to make further provision regarding pension benefits in respect of the division of assets and maintenance of parties; to amend the Sheriffs Act, 1986, so as to effect a change of name; to amend the Mediation- in Certain Divorce Matters Act, 1987, so as to prescribe the circumstances in which a Family Advocate may intervene in maintenance and domestic violence proceedings; to amend the Maintenance Act, 1998, so as to provide for the consideration by a court of the report and recommendations of a Family Advocate at a maintenance enquiry; to further regulate the payment of a maintenance benefit by a third party; and to extend maintenance orders by including maintenance orders made by High Courts and Divorce Courts in certain circumstances; to amend the Domestic Violence Act, 1998, so as to provide for the consideration by a court of the report and recommendations of a Family Advocate; to amend the Promotion of Access to Information Act, 2000, so as to extend the period within which the South African Human Rights Commission must compile a guide to assist persons who wish to gain access to information; to make provision regarding the exclusion of the Judicial Service Commission from the application of that Act in certain circumstances; to extend the period of time within which the rules of procedure must be made; to further regulate the institution of legal proceedings in terms of the Act in a court; o make provision regarding the failure to comply with certain provisions of the Act; and to sanction the punishment for failure to comply with certain regulations; to amend the Promotion of Adminis- trative Justice Act, 2.000, so as lo adapt the definition of “administrative action”; to
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Act No. 55,2003 JUDICIAL IMATTERS SECOND AMENDMENT ACT. 2003
extend the period of time within which the rules of procedure for judicial review must be made; and to further regulate the institution of legal proceedings in terms of the Act in a court; to amend the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, so as to further regulate the publication of a notice altering the boundaries of an equality court; and to make provision for the delegation of certain powers; to amend the Cross-Border Insolvency Act, 2000, so as to regulate the position of legal proceedings when a notice designating a State for the purposes of that Act is withdrawn; to amend the Judges’ Remuneration and Conditions of Employment Act, 2001, so as to address a technical problem during the enactment of the Judicial Officers (Amendment of Conditions of Service) Act, 2003; and to make provision regarding pensions paid to retired judges and to surviving spouses of retired judges; to amend the Judicial Officers (Amendment of Conditions of Service) Act, 2003, so as to address a technical problem during the enactment of that Act; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 10 of Act 9 of 1929, as amended by section 5 of Act 42 of 1942, section 27 of Act 56 of 1949, section 26 of Act 54 of 1952, section 2 of Act 34 of 1986, section 1 of Act 51 of 1991, section 1 of Act 65 of 1997 and section 1 of Act 5 42 of 2001
1. Section 10 of the Administration Amendment Act, 1929, is hereby amended - (a ) by the substitution in subsection (3) for paragraph (b) of the following
paragraph: “(b) A division of the cow- 10
shall consist of one or morepresiding officers, one of whom shall be the president of the division, who shall be fit and proper persons appointed by the Minister of Justice permanent capacity after consultation with the Magistrates Commission[,]; and 15 such persons shall for the purposes of the Magistrates Act, 1993 (Act No. 90 of 1993), be deemed to be magistrates of a regional division as contemplated in the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944).”; and
(b) by the insertion after subsection (3) of the following subsection: 20 “(3A) Section 9 of the Magistrates’ Courts Act, 1944 (Act No. 32 of
1944), relating to the appointment of magistrates in an acting or temporary capacity is applicable with the changes required by the context in respect of the appointment of acting or temporary presiding officers of Courts established under this section.”. 25
Substitution of section 35B of Act 24 of 1936, as inserted by section 1 of Act 32 of 1995
2. The following section is hereby substituted for section 35B of the Insolvency Act, 1936:
“Agreements providing for termi ation and netting 30
35B. (1) Notwithstanding any rule of the common law to the contrary, all unperformed obligations arising out of one or more master agreements between the parties, or obligations arising from such agreement or agreements in respect of assets in which ownership has been transferred as coiiaterai security, snaii, upon tihe sequestration of the estate of a party to such master ageement, terminate automatically at the date of sequestra-
35
tion, the values of those obligations shall be calculated at market value as at that date, the values so calculated shall be netted and the net amount shall be payable.
40
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Act No. 55,2003 NDICIAL MATTERS SECOND AMENDMENT ACT, 2003
(2) For purposes of this section “master agreement” means- (a ) an agreement in accordance with standard terms published by the
International Swaps and Derivatives Association, the International Securities Lenders Association, the Bond Market Association or the International Securities Market Association, or any similar agreement, which provides that, upon the sequestration of one of the parties-
(i) all unperformed obligations of the parties in terms of the agreement- (aa) terminate or may be terminated; or (bb) become or may become due immediately; and
(ii) the values of the unperformed obligations are determined or may be determined; and
(iii) the values are netted or may be netted, so that only a net amount (whether in the currency of the Republic or any other currency) is payable to or by a party,
and which may further provide that the values of assets which have been transferred as collateral security for obligations under that agreement shall be included in the calculation of the net amount payable upon sequestration; or
(b) any agreement declared by the Minister, after consultation with the Minister of Finance, by notice in the Gazette to be a master agreement for the purposes of this section.
(3) The provisions of this section shall not apply to- (a) a transaction contemplated in section 35A; or (b) a netting arrangement contemplated in the National Payment System
(4) Section 341(2) of the Companies Act, 1973 (Act No. 61 of 1973), and sections 26, 29 and 30 of this Act shall not apply to dispositions in terms of a master agreement.”.
Act, 1998 (Act No. 78 of 1998).
Amendment of section 4 of Act 16 of 1965, as amended by section 4 of Act 18 of 1996 30
3. Section 4 of the Prevention of Counterfeiting of Currency Act, 1965, is hereby
“(2) If in any prosecution for a contravention of paragraph (d), ( j ) or ( I ) of section [two] 2 the question arises whether any person had lawful authority or excuse for possessing or doing any thing referred to in the said paragraphs, [the 35 onus of proving that such was the case shall be on the accused] in the absence of evidence to the contrary which raises reasonable doubt, proof of possession or conduct contemplated in the said paragraphs (d), 0’) and (1) shall be sufficient evidence of the absence of lawful authority or excuse.”.
amended by the substitution for subsection (2) of the following subsection:
Amendment of section 60 of Act 51 of 1977, as substituted by section 3 of Act 75 of 40 1995 and amended by section 4 of Act 85 of 1997, section 5 of Act 34 of 1998 and section 9 of Act 62 of 2000
4. Section 60 of the Criminal Procedure Act, 1977, is hereby amended by the insertion after subsection (2) of the following subsection:
“(2A) The court must, before reaching a decision on the bail application, 45 take into consideration any pre-trial services report regarding the desirabil- ity of releasing an accused on bail, if such a report is available.”.
Amendment of section 276 of Act 51 of 1977, as amended by section 3 of Act 107 of 1990, section 41 of Act 122 of 1991, section 18 of Act 139 of 1992, section 20 of Act 116 of 1993, section 2 of Act 33 of 1997 and section 34 of Act 105 of 1997 50
5. Section 276 of the Criminal Procedure Act, 1977, is hereby amended by the substitution for subsection (3) of the following subsection:
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Act No. 55.2003 JUDICI4L M.4TTERS SECOND AMENDMENT ACT. 2003
“(3) Notwithstanding anything to the contrary in any law contained, other than the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), the provisions of subsection (1) shall not be construed as prohibiting the court- ( a ) from imposing imprisonment together with correctional supervision: 5
or jb) from imposing the punishment referred to in subsection (I)(h) or ( i ) in
respect of any offence, whether under the common law or a statutory provision, irrespective of whether the law in question provides for such or any other punishment: Provided that ny punishment 10 contemplated in this paragraph may not be imposed in any case where the court intends imposing a sentence contemplated in section 5 1 ( 1 ) or (2), read with section 52, of the Criminal Law Amendment Act, 1997.”.
Insertion of section 299A in Act 51 of 1977 15
6. The following section is hereby inserted in the Criminal Procedure Act, 1977, after section 299:
“Right of complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision
299A. (1) When a court sentences a person to imprisonment for- (a) murder or any other offence which involves the intentional killing of t
person; (b) rape; (c) robbery where the wielding of a fire-arm or any other dangerou:
weapon or the infliction of grievous bodily harm or the robbery of t motor vehicle is involved;
(d) assault of a sexual nature; ( e ) kidnapping; or
any conspiracy, incitement or attempt to commit any offence contemplated in paragraphs (a) to (e ) ,
it shall inforn- (i) the complainant; or (ii) in the case of murder or any other offence contemplated in
if he or she is present that he or she has a right, subject to the directives issued by the Commissioner of Correctional Services under subsection (4), to make representations when placement of the prisoner on parole, on day parole or under correctional supervision is considered or to attend any relevant meeting of the parole board. (2) If the complainant or a relative intends to exercise the right contemplated in subsection (1) by making representations to or attending a meeting of the parole board, he or she has a duty-
(i) to inform the Commissioner of Correctional Services thereof in
(ii) to provide the said Commissioner with his or her postal and
(iii) to inform the said Commissioner in writing of any change of
(3) The Commissioner of Correctional Services shall inform the parole board in question accordingly and that parole board shall inform the complainant or relative in writing when and to whom he or she may make representations or when and where a meeting will take place. (4) ia) The Commissioner of Correctional Services must issue directives regarding the manner and circumstances in which a complainant or relative contemplated in subsection (1) may exercise the right contemplated in that subsection. (r?) Directives issued under paragraph ( a ) must be published in the Gazette.
paragraph (a), any immediate relative of the deceased,
writing;
physical address in writing; and
address.
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Act No. 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003
(c) Before the directives issued under paragraph (a) are published in the Gazette, the Commissioner of Correctional Services must submit them to Parliament, and the first directives so issued, must be submitted to Parliament within three months of the commencement of this section.
(d) Any directive issued under paragraph (a) may be amended or withdrawn in like manner.”.
Amendment of section 342A of Act 51 of 1977, as inserted by section 13 of Act 86 of 1996
7. Section 342A of the Criminal Procedure Act, 1977, is hereby amended by the
“(7) (a) The National Director of Public Prosecutions must, within 14 days after the end of January and of July of each year, submit a report to the Cabinet member responsible for the administration of justice, contain- ing the particulars indicated in the Table of Awaiting Trial Accused in respect of each accused whose trial has not yet commenced in respect of the leading of evidence, as contemplated in section 150 and who, by the end of the month in question, has been in custody for a continuous period exceeding-
(i) 18 months from date of arrest, where the trial is to be conducted in
(ii) 12 months from date of arrest, where the trial is to be conducted in
(iii) six months from date of arrest, where the trial is to be conducted in
(b) The Cabinet member responsible for the administration of justice must, within 14 days of receipt of a report contemplated in paragraph (a), table such report in Parliament.
addition of the following subsection:
a High Court;
a regional court; and
a magistrate’s court.
Table of Awaiting Trial Accused
Court and
if so. the
been has not pearance pearances cused bail has why trial court ap- court ap- detention of chargeis) age of ac- case number Whether Reasons Date of next Number of Period in Particulars Name and
commenced granted and
I conditions of bail”. -
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10
15
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Insertion of section 13B in Act 53 of 1979 35
8. The following section is hereby inserted in the Attorneys Act, 1979, after section 13A:
“Certain attorneys to complete training in legal practice management 40
13B. After the commencement of the Judicial Matters Second Amendment Act, 2003, every attorney who, for the first time, practises as a partner in a firm of attorneys or who practises on his or her own account, must- (a) within the period contemplated in section 74( l)(dA); and (6) after payment of the fee prescribed in terms of section SO( l)(i), complete a legal practice management course approved by the council of the province in which he or she practises.”.
45
Amendment of section 74 of Act 53 of 1979, as amended by section 26 of Act 87 of 50 1989 and section 18 of Act 115 of 1993
9. Section 74 of the Attorneys Act, 1979, is hereby amended by the insertion in subsection (1) after paragraph (d) of the following paragraph:
”(dA) iegal practice management courses to be completed by attorneys as contemplated in section 13B and determine the period within which such 55 courses must be completed;”
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Act No. 55,2003 JUDlCIAL MATTERS SECOND AMENDMENT ACT. 2003
Amendment of section 80 of Act 53 of 1979, as amended by section 10 of Act 108 of 1984, section 19 of Act 115 of 1993 and section 12 of Act 104 of 1996
10. Section 80 of the Attorneys Act, 1979, is hereby amended by the addition to subsection (1) of the following paragraph:
“li) the completion of legal practice management courses as contemplated in 5 section 13B.”.
Amendment of section 7 of Act 70 of 1979, as amended by section 36 of Act 88 of 1984, section 2 of Act 3 of 1988, section 2 of Act 7 of 1989 and section 1 of Act 44 of 1992
11. Section 7 of the Divorce Act, 1979, is hereby amended by the substitution in 10 subsection @)(a) for subparagraph (ii) of the following subparagraph:
“(ii) the registrar of the court in question forthwith notify the fund concerned that an endorsement be made in the records of that fund that that part of the pension interest concerned is so payable to that other party and that the administrator of the pension fund furnish proof of such endorsement to the 15 registrar, in writing, within one month of receipt of such notification;”.
Amendment of section 1 of Act 90 of 1986, as amended by section 1 of Act 74 of 1998
12. Section I of the Sheriffs Act, 1986, is hereby amended by the substitution for the definition of ‘‘Board’’ of the following definition:
“ ‘Board’ means the South African Board for Sheriffs established by section 7, and 20 includes, for the purposes of Chapter IV (excluding section 52), a disciplinary committee:”.
Substitution of section 7 of Act 90 of 1986
13. The following section is hereby substituted for section 7 of the Sheriffs Act, 1986:
“Establishment of South African Board forShe iffs 25
7. There is hereby established a board to be known as the South African Board for Sheriffs and which shall be a juristic person.”.
Substitution of long title of Act 90 of 1986
14. The following long title is hereby substituted for the long title to the Sheriffs Act, 1986: 30
“To provide for the appointment of sheriffs, the establishment of a South African Board for Sheriffs and a Fidelity Fund for Sheriffs, the regulation of the conduct of sheriffs, and matters connected therewith.”.
Amendment of section 5 of Act 24 of 1987, as amended by section 2 of Act 121 of 1991 and section 9 of Act 86 of 1997 35
15. Section 5 of the Mediation in Certain Divorce Matters Act, 1987, is hereby amended by the insertion in subsection (1 ) after paragraph (d) of the following paragraph:
out by a Family Advocate as contemplated in section lO(1A) of the 40 Maintenance Act, 1998 (Act No. 99 of 1998), and section 5(1A) of the Domestic Violence Act. 1998 (Act No. 116 of 1998);”.
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Act No. 55,2003 JUDICIAL MATERS SECOND AMENDMENT ACT. 2003
Amendment of section 10 of Act 99 of 1998
16. Section I0 of the Maintenance Act, 1998, is hereby amended by the insertion after
“(1A) Where circumstances permit and where a Family Advocate is available, a maintenance court may, in the circumstances as may be prescribed in the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), at any time during the enquiry, cause an investigation to be carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987, in whose area of jurisdiction that maintenance court is, with regard to the welfare of any minor or dependent child affected by such enquiry, whereupon the provisions of that Act apply with the changes required by the context.”.
subsection (1) of the following subsection:
Amendment of section 16 of Act 99 of 1998
17. Section 16 of the Maintenance Act, 1998, is hereby amended by the substitution for paragraph (a ) of subsection (2) of the following paragraph:
“(a) Any court- (i) that has at any time, whether before or after the commencement of this
Act, made a maintenance order under subsection (l)(a)(i) or (b)(i); (ii) that makes such a maintenance order; or (iii) that convicts any person of an offence referred to in section 3 1( l),
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10
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shall, subject to paragraph (b)(i), make an order directing any person, including any 20 administrator of a pension fund, who is obliged under any contract to pay any sums of money on a periodical basis to the person against whom the maintenance order in question has been or is made, to make on behalf of the latter person such periodical payments from moneys at present or in future owing or accruing to the latter person as may be required to be made in accordance with that maintenance 25 order if that court is satisfied- (aa) in the case of subparagraph (i), after hearing such evidence, either in writing
(bb) in the case of subparagraph (ii), after referring to the evidence adduced at the
(cc) in the case of subparagraph (iii), after referring to the evidence at the trial, that it is not impracticable in the circumstances of the case.”.
or orally, as that court may consider necessary;
enquiry or the application for an order by default, as the case may be; or 30
Amendment of section 26 of Act 99 of 1998, as amended by section 18 of Act 42 of 2001
18. Section 26 of the Maintenance Act, 1998, is hereby amended- 35 (a) by the substitution in subsection (1) for paragraph (a ) of the following
“(a) against whom any maintenance order has been made [under this Act] has failed to make any particular payment in accordance with that maintenance order; or” ; and 40
(b) by the substitution in subsection (2) for paragraph ( a ) of the following
“(a) If any maintenance order [made under this Act] or any order made under section 16(l)(a)(ii), 20 or 21(4) has remained unsatisfied for a period of ten days from the day on which the relevant amount became 35 payable or any such order was made, as the case may be, the person in whose favour any such order was made may apply to the maintenance court where that person is resident- (i) for the authorisation of the issue of a warrant of execution referred
(ii) for an order for the attachment of emoluments referred to in section
(jii) for an order for the attachment of any debt referred to in section
paragraph:
paragraph:
to in section 27(1); 50
28(1); or
3@(1).”.
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Act No. 55,2003 JTJDICIAL MATTERS SECOND AMENDMENT ACT, 2003
Amendment of section 5 of Act 116 of 1998
19. Section 5 of the Domestic Violence Act, 1998, is hereby amended by the insertion after subsection (1) of the following subsection:
contemplated in subsection (l) , cause an investigation to be carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987, in whose area of jurisdiction that court is, with regard to the welfare of any minor or
of that Act a 1 with the chan es re uired b the context.”.
Amendment of section 10 of Act 2 of 2000, as amended by section 24 of Act 42 of 2001
20. Section 10 of the Promotion of Access to Information Act, 2000, is hereby amended by the substitution for subsection (1) of the following subsection: 15
“(1‘1 The Human Rights Commission must, within [ lS months] three years after the commencement of this section, compile in each official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in this Act.”. 20
Substitution of section 12 of Act 2 of 2000, as substituted by section 25 of Act 42 of 2001
21. The following section is hereby substituted for section 12 of the Promotion of Access to Information Act, 2000:
“Act not applying to certain public bodies or officials thereof 25
12. This Act does not apply to a record- (a) of the Cabinet and its committees; (b) relating to the judicial functions of-
(i) a court referred to in section 166 of the Constitution; (ii) a Special Tribunal established in terms of section 2 of the 30
Special Investigating Units and Special Tribunals Act, 1996 (Act 74 of 1996); or
(iii) a judicial officer of such court or Special Tribunal; [or] (c) of an individual member of Parliament or of a provincial legislature in
that capacity[.] 35 (d) relating to a decision referred to in paragraph (gg) of the definition of
“administrative action” in section 1 of the Promotion of Administra- tive Justice Act, 2000 (Act No. 3 of 2000), regarding the nomination, selection or appointment of ajudicial officer or any other person by the Judicial Service Commission in terms of any law.”. 40
Amendment of section 44 of Act 2 of 2000, as amended by section 36 of Act 42 of 2001
22. Section 44 of the Promotion of Access to Information Act, 2000, is hereby amended by the substitution for subsection (4) of the following subsection:
“(4) A record may not be refused in terms of subsection (1) or (2) insofar 45 as it consists of an account or a statement of reasons required to be given in accordance with section 5 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), except if the record relates to a decision referred to in paragraph (gg) of the definition of “administrative action” in section 1 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), 50 regarding the nomination, selection or appointment of a judicial officer or any other person by the Judicial Service Commission in terms of any law.”.
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Act No. 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003 ~~ ~
Amendment of section 79 of Act 2 of 2000
23. Section 79 of the Promotion of Access to Information Act, 2000, is hereby
(a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: 5
“(1) The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must within [12 months] four years after the commencement of this section, make [and implement] rules of procedure for-”; and
amended-
(h) by the substitution for subsection (2) of the following subsection: 10 “(2) [Before the implementation ofl the rules of procedure in
terms of subsection ( l ) ( a ) come into operation, an application in terms of section 78 [may only] be lodged with a High Court or another court [of similar status] having jurisdiction.”.
Substitution of section 90 of Act 2 of 2000 15
24. The following section is hereby substituted for section 90 of the Promotion of Access to Information Act. 2000:
“Offences
90. - (1) A person who with intent to deny a right of access in terms of this Act- (a ) destroys, damages or alters a record, (b) conceals a record; or (c) falsifies a record or makes a false record, commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years. (2) An information officer who wilfully or in a grossly negligent manner fails to comply with the provisions of section 14 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years. (3) A head of a private body who wilfully or in a grossly negligent manner fails to comply with the provisions of section 51 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two vears.”.
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Amendment of section 92 of Act 2 of 2000
25. Section 92 of the Promotion of Access to Information Act, 2000, is hereby amended bv the addition of the following subsection:
35
“(4) Any regulation in terms of subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding two years.”. 40
Y
Amendment of section 1 of Act 3 of 2000, as amended by section 1 of Act 53 of 2002
26. Section 1 of the Promotion of Administrative Justice Act, 2000, is hereby amended by the substitution for paragraph (gg) of the definition of “administrative action” of the following paragraph:
“(gg) a decision relating to any aspect regarding the nomination, selection or 45 appointment of a judicial officer or any other person, by the Judicial Service Commission in terms of any law;”.
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Act No. 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003
Amendment of section 7 of Act 3 of 2000
27. Section 7 of the Promotion of Administrative Justice Act, 2000, is hereby amended-
(aj by the substitution for subsection (3) of the following subsection: “(3) The Rules Board for Courts of Law established by section 2 of the 5
Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must within [one year] three years after the date of commencement of section 10 of this Act, make [and implement] rules of procedure forjudicial review.”; and
( h ) by the substitution for subsection (4) of the following subsection: 10 “(4) [Before the implementation of] Until the rules of procedure
referred to in subsection (3) come into operation, all proceedings for judicial review under this Act must be instituted in a High Court or [the Constitutional Court] another court having jurisdiction.”.
Amendment of section 16 of Act 4 of 2000, as substituted by section 1 of Act 52 of 15 2002
28. Section 16 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, is hereby amended by the substitution in subsection (1) for paragraph (cj of the following paragraph:
“ (c ) the Minister must, after consultation with the head of an administrative region 20 defined in section 1 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), by notice in the Gazette-
(i) designate one or more magistrate’s courts as equality courts for the administrative region concerned;
(iij define the area of jurisdiction of each equality court, which may 25 consist of any number of districts, sub-districts or other areas of jurisdiction created in terms of section 2 of the Magistrates’ Courts Act, 1944;
(iii) increase or reduce the area of jurisdiction of each equality court; (iv) appoint one or more places within the area of jurisdiction of each 30
(v) withdraw or vary any notice under this paragraph[; and]; equality court for the holding of equality court sittings;
Provided that any proceedings pending before an equality court which are not finalised at the time of the publication of a notice in the Gazette as contemplated in this paragraph, must be finalised by that court, as if such 35 notice had not been published; and”.
Amendment of section 17 of Act 4 of 2000, as amended by section 2 of Act 52 of 2002
29. Section 17 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, is hereby amended by the addition of the following subsection:
“(4) The Director-General may, sub.ject to such conditions as he or she 40 may determine, in writing delegate any power conferred on him or her by this section to an officer employed by the Department, but shall not be divested of any power so delegated and may amend or set aside any decision of the delegatee made in the exercise of such power.”.
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Amendment of section 2 of Act 42 of 2000
30. Section 2 of the Cross-Border Insolvency Act, 2000, is hereby amended by the
“(5) Where the Minister withdraws a notice in terms of subsection (3), such withdrawal does not affect any pending legal proceedings and such proceedings must continue as if the notice had not been withdrawn.”.
addition of the following subsection:
Amendment of section 11 of Act 47 of 2001
31. Section 11 of the Judges’ Remuneration and Conditions of Employment Act, 2001, is hereby amended by the substitution for subsection (7) of the following subsection:
“(7) The surviving spouse or partner of a Constitutional Court judge or judge referred to in subsection (2) or (4) must, with effect from the first day of the month immediately succeeding the month in which he or she dies, be paid an amount equal to two thirds of the salary which was payable to that Constitutional Court judge or judge in terms of ubsection (3)(a) or (5)(a), which amount shall be payable until the death of such spouse or partner: Provided that if the Constitutional Court judge or judge is survived by more than one spouse, the amount concerned shall be divided equally between the spouses concerned, unless the judge concerned determined otherwise in accordance with a regulation made under section 13(l)(cB).”.
Amendment of section 16 of Act 47 of 2001
32. Section 16 of the Judges’ Remuneration and Conditions of Employment Act,
( a ) by the substitution in subsection (4) for paragraphs (b) and (c) of the following
“(b) After [the commencement of this section] 3 May 2002, any surviving spouse of a retired judge referred to in paragraph (a ) shall be paid with effect from the first day of the month immediately succeeding the day on which the retired judge dies or died, an amount equal to [one halfl three quarters of the amount to which his or her deceased spouse would have been entitled under paragraph (a).
(c) Any surviving spouse of a judge who retired as a judge in terms of the Judges’ Pensions Act, 1978, and who, [at the commencement of this section] on or after 3 May 2002, receives a pension in terms of the said Act, is, from [the date of commencement of this section] 3 May 2002 or any later date from which such surviving spouse is entitled to such a pension, entitled to an amount equal to [one halfl three quarters of the amount to which his or her deceased spouse would have been entitled under paragraph (a).”; and
2001, is hereby amended-
paragraphs, respectively:
(b) by the addition to subsection (4) of the following paragraphs: “ (d) The amounts payable to a surviving spouse contemplated in
paragraphs (b) and (c) shall be payable until the death of such spouse. ( e ) The amounts payable to persons in terms of this subsection shall be
adjusted whenever the annual salary payable to a Constitutional Court judge or a judge, as the case may be, is increased. (fl In applying this subsection, no person may be paid an amount
which is less than that which he or she received before any adjustment was made under this subsection.”.
Repeal of section 18 of Act 28 of 2003
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33. Section 18 of the Judicial Officers (Amendment of Conditions of Service) Act, 2003, is hereby repealed.
24 No. 26206 GOVERNMENT GAZETTE. 3 1 MARCH 2004
Act No. 55,2003 JUDICIAL MATTERS SECOND AMENDMENT ACT, 2003
Short title and commencement
34. This Act is called the Judicial Matters Second Amendment Act, 2003, and comes into operation on a date fixed by the President by proclamation in the Gazette.