Promotion of Administrative Justice Amendment Act [No. 53 of 2002]
REPUBLIC OF SOUTH AFRICA
Vol. 452 Cape Town 6 February 2003 No. 24354
THE PRESIDENCY No. 187 6 February 2003 It is hereby notified that the President has
assented to the following Act, which is hereby published for general information:–
No. 53 of 2002: Promotion of Administrative Justice Amendment Act, 2002.
2 No. 23354 GOVERNMENT GAZETTE, 6 FEBRUARY 2003
Act No. 53.2002 PROMOTION OF ADMINISTRATIVE JUSTICE AMENDMENT ACT, 2001
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square b ackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 30 Januan 2003.)
ACT To amend the Promotion of Administrative Justice Act, 2000, so as to amend a definition and to provide for the training of presiding o@cers in the magistrates’ courts for purposes of the 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 1 of Act 3 of 2000
1. Section 1 of the Promotion of Administrative Justice Act. 2000, is hereby amended
court’ means- by the substitution for the definition of “court” of the following definition: 5
( a ) the Constitutional Court acting in terms of section 167(6)(a) of the
(hi (i) a High Court or another court of similar status: or
(ii) a Magistrate‘s Court. either generally or in respect of a specified class of 10 administrative actions. designated by the Minister by notice in the Gaxt te and presided over by a magistrate or an additional magistrate designated in [writing by the Minister, after consultation with the Magistrates Commission] terms of section 9A.
within whose area of jurisdiction the administrative action occurred or the 15 administrator has his or her or its principal place of administration or the party whose rights have been affected is domiciled or ordinarily resident or the adverse effect of the administrative action was, is or will be experienced;”.
Insertion of section 9A in Act 3 of 2000
2. The following section is hereby inserted after section 9 of the Promotion of 20 Administrative Justice Act. 2000:
“Designation and training of presiding officers
9A. (1) (a) The head of an administrative region defined in section 1 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), must, subject to subsection (21, designate in writing any magistrate or additional magistrate 25
4 No. 24354 GOVERNMENT GAZETTE. 6 FEBRUARY 2003
Act No. 53.2002 PROMOTION OF ADMINISTRATIVE JUSTICE AMENDMENT ACT, 2002
as a presiding officer of the Magistrate’s Court designated by the Minister in terms of section 1 of this Act. (6) Apresiding officer must perform the functions and duties and exercise
the powers assigned to or conferred on him or her under this Act or any other law.
(2) Only a magistrate or additional magistrate who has completed a training course- (a) before the date of commencement of this section; or ( b ) as contemplated in subsection ( 5 ) . and whose name has been included on the list contemplated in subsection (4)(a). may be designated in terms of subsection (1 ).
(3) The heads of administrative regions must- ( a ) take all reasonable steps within available resources to designate at
least one presiding officer for each magistrate’s court within his or her area of jurisdiction which has been designated by the Minister in terms of section 1 ; and
(b) without delay, inform the Director-General: Justice and Constitutional Development of any magistrate or additional magistrate who has completed a training course as contemplated in subsections ( 5 ) and (6) or who has been designated in terms of subsection (1).
(4) The Director-General: Justice and Constitutional Development must compile and keep a list of every magistrate or additional magistrate who has- (a) completed a training course as contemplated in subsections ( 5 ) and
(b) been designated as a presiding officer of a magistrate’s court
( 5 ) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.
(6) The Chief Justice must. in consultation with the Judicial Service Commission. the Magistrates Commission and the Minister. implement the training courses contemplated in subsection (5) .
(7) The Minister must table a report in Parliament, as prescribed. relating to the content and implementation of the training courses referred to in subsections ( 5 ) and (6).”.
contemplated in subsection (1).
3- This Act is called the Promotion of Administrative Justice Amendment Act, 200:.