Judicial Matters Amendment Act

Link to law: http://www.gov.za/documents/judicial-matters-amendment-act
Published: 2000-12-13

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Judicial Matters Amendment Act [No. 62 of 2000]
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTI ..’.
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., ,.
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Ofice as a Newspaper As ‘n Nausblad by die Poskantoor Geregis
CAPE TOWN, 13 DECEMBER 2000 VOL. 426 No.
KAAPSTAD, 13 DESEMBER 2000
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,.ee,.
21883
STAATSKOERANT
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THE PRESIDENCY DIE PRESIDENSIE
No. 1357. 13 December 2000 No. 1357,
1
13 D xmber 2000”
It is hereby notified that the President hwi assentecl to the Hierby w o r d bekend gemaak cl~t die Presid nt sy g o d - [o[lowing Act which is hereby published for general keuring geheg tret aim d i e ondet-stuandc Wet \ :It hierby tcr inform:ttion:- :Iigemene inligting gepub[iseer word:-
No. 62 of 2000: Judicial Matters Amendment Act, 2000. N o . 62 \an 2000: Wysigingswet op Gerege~ike Aw]geleent - heck?, 2000.
2 X() 21ss.2 GO”\ ’ERX\113NT G. WETTE. 13 DF.CEKIBER 2000
Act N(), 62. 2000 ,IIIIIICI.A. [. AI.A,TTERS .AMF.XDNIEA’T .AC7’, 2000
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate inser[icms in existing enactments,
(English rexf signed bj the President. ) (Assented to 5 December 2000.)
ACT To amend the Magistrates’ Courts Act, 1944, so as to further regulate the appointment of judicial officers; to amend the General Law Amendment Act, 1955, so as to remove a reverse onus; to amend the Stock Theft Act, 1959, so as to provide anew for the jurisdiction of magistrates’ courts in respect of sentence; to amend the Supreme Court Act, 1959, consequentially; to amend the Administration of Estates Act, 1965, so as to substitute an obsolete expression; to amend the Criminal Procedure Act, 1977, so as to delete a definition; to further regulate the hearing of bail proceedings; to repeal an obsolete provision; to effect certain consequential amendments; and to further regulate the granting of bail; to amend the Attorneys Act, 1979, so as to insert a new definition and to substitute another; to provide for the recovery of costs by law clinics; and to make new provision regarding the constitution and quorum of the Attorneys Fidelity Fund Board of Control; to amend the Rules Board for Courts of Law Act, 1985, so as to delete a certain definition; to further regulate the powers of the Rules Board for Courts of Law; and to effect certain technical changes; to amend the Game Theft Act, 1991, so as to make new provision regarding the jurisdiction of magistrates’ courts in respect of sentence; to amend the Magistrates Act, 1993, so as to make new provision for the composition of the Magistrates Commission; to amend the Magistrates’ Courts Amendment Act, 1993, so as to repeal an obsolete provision; to amend the Special Investigating Units and Special Tribunals Act, 1996, so as to further regulate legal representation on behalf of a Special Investigating Unit; and to further regulate the powers and functions of a Special Tribunal; to amend the Criminal Law Amendment Act, 1997, so as to further regulate the imposition of minimum sentences for certain serious offences; so as to further regulate the committal of an accused for the imposition of sentence by a High Court after conviction in a regional court; and to provide that the court of a regional division retains its jurisdiction to try offences referred to in Part I of Schedule 2 to that Act; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of [he Republic of South Africa. asfollows:—
4 N(1 2 INX.7 G()\’EXNMEXT G.4Zt3_i% 1.3 DEtXIIfBER 2000
Ad No. 62.2000 J1.~DICI.AL hfATTERS Ahf EXDhtENT ,A(”T. 2000”
.Amendment of’ section 9 of Act 32 of 1944. as substituted by section 2 of Act 8 of 1967 and amended by section 4 of .Act 53 of 197~, section S of Act 1~2 of 1972> section 11 of Act 29 of 1974, section 24 of Act 94 of 1974, section 1 of Act 28 of 1981, section 2 of Act 34 of 1986, section 17 of Act 90 of 1993, section 3 of.Act 104 of 1996 and section 3 of Act 66 of 1998
1. Section 9 of the Magistrates’ Courts Act. 1944, is hereby amended by the substitution in subsection (2) for paragraph (u) of the following paragraph:
‘“(a) [No] Q person [holding any appointment under subsection (1) shall perform the functions of a] appointed as judicial officer [in any magistrate’s court. unless he has taken] under this section shall, before commencing with his or her functions in terms of this Act for the first lime, take an oath or [made] make an affirmation subscribed by hilm or her, in the form set out below[, namely—]:
‘ I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (full name)
do hereby swear/solemnly [and sincerely] affirm [and declare that whenever I may be called upon to perform the functions ofl that in my capacity as a judicial ot%cer [in any magistrate’s court] I will be faithful to the Republic of South Africa, will uphold and protect the Constitution and the human rights entrenched in it. and will administer justice to all persons alike without fear, favour or prejudice [and, as the circumstances of any particular case may require], in accordance with the Constitution and the law [and customs of the Republic of South Africa or of the territory of South-West Africa].’ “.
Amendment of section 37 of Act 62 of 1955, as amended by section 31 of Act 80 of 1964 and section 4 of Act 18 of 1996
2. Section 37 of the General Law Amendment Act, 1955, is hereby amended by the substitution for subsection ( 1 ) of the following subsection:
“(l) (a) Any person who in any manner, otherwise than at a public sale, acquires or recei=s into his or her possession from any other person stolen goods, other than stock or produce as defined in section one of the Stock Theft Act, 1959, without having reasonable cause [, proof of which shall be on such first-mentioned person,] for believing at the time of such acquisition or receipt that such goods are the property of the person from whom he or she receives them or that such person has been duly authorized by the owner thereof to deal with or to dispose of them, shall be guilty of an offence and liable on conviction to the penalties which may be imposed on a conviction of receiving stolen property knowing it to have been stolen except in so far as the imposition of any such penalty may be compulsory.
(b) In the absence of e~’idence to the contrary which raises a reasonable doubt, proof of such possession shall be sufficient evidence of the absence of reasonable cause.”.
Repeal of section 13 of Act 57 of 1959
3. Section 13 of the Stock Theft Act, 1959, is hereby repealed.
Substitution of section 14 of Act 57 of 1959, as substituted by section 2 of Act 32 of 1986 and amended by section 5 of Act 28 of 1990
4. The following section is hereby substituted for section 14 of the Stock Theft Act. 1959:
“Jurisdiction of magistrates’ courts in respect of sentence
14. Notwithstanding anything to the contrary in any law, any magistrates’ court may, in respect of an offence under this Act— (a) where the court is not a court of a regional division, impose a fine or—
imprisonment for a period not exceeding three years; or (b) where the court is a court of a re,gional division, impose a fine or
imprisonment for a period not exceedin~ fifteen years.”.
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6 No 21ss3 GO\ ’ERNMENTGAZErTE. 13 DE.CEM13ER 20()()
Act NO. 62.2000 JUDICIAL MATTERS AMENDMENT ACT, 2000
Amendment of section 12 of Act 59 of 1959, as amended by section 1 of Act 46 of 1980 and section 4 of Act 105 of 1982
5. Section 12 of the Supreme Court Act, 1959, is hereby amended by the substitution in subsection ( 1 ) for paragraph (bA) of the following paragraph:
“(12A) the Chief Justice or. in his or her absence, the senior available judge of the 5 appellate division may direct that an appeal in a criminal or civil matter [, save a criminal matter arising out of proceedings instituted before a special criminal court constituted under section 148 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977),] be heard before a court consisting of three judges;”. 10
Amendment of section 72 of Act 66 of 1965, as amended by section 7 of Act 54 of 1970, section 17 of Act 70 of 1979 and section 3 of Act 192 of 1993
6. Section 72 of the Administration of Estates Act, 1965, is hereby amended by the substitution in subsection (1)(a) for subparagr~ph (ii) of the following subparagraph:
“(ii) by the mother of [an illegitimate] g minor born out of wedlock who has not been so deprived of the guardianship of such minor or of her parental powers over him or her; or”.
Amendment of section 1 of Act 51 of 1977, as amended by section 1 of Act 107 of 1990, section 1 of Act 5 of 1991, section 35 of Act 122 of 1991, section 16 of Act 116 of 1993, section 38 of Act 129 of 1993, section 4 of Act 18 of 1996, section 1 of Act 49 of 1996 and section 137 of Act 111 of 1998
7. Section 1 of the Criminal Procedure Act, 1977, is hereby amended by the deletion of the definition of “special superior court”.’
Amendment of section 50 of Act 51 of 1977, as amended by section 1 of Act 56 of 1979, section 37 of Act 122 of 1991, section 1 of Act 75 of 1995, section 1 of Act 85 of 1997 and section 3 of Act 34 of 1998
8. (1) Section 50 of the Criminal Procedure Act, 1977, is hereby amended— (a) by the substitution for subsection (3) of the following subsection:
“(3) Subject to the provisions of [subsections (6) and (7)] subsection (Q, nothing in this section shall be construed as modifying the provisions of this Act or any other law whereby a person under detention may be released on bail or on warning or on a written notice to appear in court.”;
(b) by the substitution in subsection (6) for paragraph (c) of the following paraSraph:
“(c) The bail application of a person who is charged with an offence referred to in Schedule 6 [shall] must be considered by a [regional] magistrate’s court: Provided that [an attorney-general] the Director of Public prosecutions concerned. or a prosecutor authorised thereto E writing by him or her may, [where such court is, due to exceptional circumstances, not available, whether in general or in any particular case, direct that such bail application shall be considered “by any’ other available lower court within the area of jurisdiction of such regional court] if he or she deems it expedient or necessary for the adrninistrdtion of Iustice in a particular case, direct in writing that the application must be considered by a regional court.”; and
(c) by the deletion of subsection (6)(d) (iii). (2) Any bail proceedings in respect of a person who is charged with an offence
referred to in Schedule 6 to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which have commenced prior to the date of commencement of this Act in a regional court or any other lower court within the area of jurisdiction of such regional court in terms of section 50(6)(c) of that Act and which proceedings have not been concluded at that date, must be continued in, and concluded by, that court as if this Act had not been passed.
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8 N(-). 21SS3 G()\’ERNL4ENT G.A7.ETTE. 13 DECEMBER 20()(1
Ad No. 62.2000 .IL; IIICI.4[. MATTERS Aktr2iDhf EXT ACT. ‘2000”
Amendment of section 60 of Act 51 of 1977. as substituted by section 3 of Act 75 of 1995 and amended by section 4 of Act 85 of 1997 and section 5 of Act 34 of 199S
9. Section 60 of the Criminal Procedure Act, 1977. is hereby amended- (a) by the substitution in subsection (1) for paragraph (a) of the following
paragraph: 5 “(a) An accused who is in custody in respect of an offence shall,
subject to the provisions of section 50(6) [and (7)1, be entitled [O be released on bail at any stage preceding his or her conviction in respect of such offence. [unless] if the court [finds that it is in the interests of justice that he or she–be detained in custody] is satisfied that the 10 interests of iustice so permit.”: and
(b) by the substitution in subsection (4) for the words preceding paragraph (a) of the followinz words:
“The [~efusal to grant bail and the] interests of iustice do not permit the’ release from detention of an accused [in custody shall be in the 15 interests of justice] where one or more of the following grounds are established:”.
Repeal of section 148 of Act 51 of 1977
10. Section 148 of the Criminal Procedure Act. 1977, is hereby repealed.
Amendment of section 315 of Act 51 of 1977, as substituted by section 20 of Act 105 20 of 1982 and amended by section 10 of Act 107 of 1990 and section 39 of Act 105 of 1997
11. Section 315 of the Criminal Procedure Act, 1977, is hereby amended by the substitution for subsection ( 1 ) of the following subsection:
“(1 ) In respect of appeals and questions of law reserved in connection with 25 criminal cases heard by a provincial or local division [or’s special superior court], the court of appeal shall be the Appellate Division of the Supreme Court (in this Chapter referred to as the Appellate Division), except in so far as subsection (3) otherwise provides.”.
Amendment of section 316 of Act 51 of 1977, as amended by section 21 of Act 105 30 of 1982 and section 15 of Act 26 of 1987
12. Section 3 16(1) of the Criminal Procedure Act, 1977, is hereby amended by the deletion of paragraph (a).
Amendment of section 317 of Act 51 of 1977, as amended by section 22 of Act 105 of 1982 35
13. Section 317 of the Criminal Procedure Act. 1977, is hereby amended by the deletion of subsection (3).
Amendment of section 319 of Act 51 of 1977, as amended by section 24 of Act 105 of 1982
14. Section 319 of the Criminal Procedure Act, 1977, is hereby amended by the 40 substitution for subsection (3) of the following subsection:
“(3) The provisions of sections 3 17(2), [(3),] (4) and (5) and 3 18(2) shall apply mutaris mutundis with reference to all proceedings under this section.”.
Amendment of Schedule 2 to Act 51 of 1977, as amended by section 5 of Act 126 of 1992 45
15. Schedule 2 to the Criminal Procedure Act, 1977, is hereby amended by the substitution in Part 11 for the—
(a) ninth offence of the following offence:
I () No. 21883 (X3 VERNMENTGAZ!3TE. 13 DECEMBER 2000 —
Act NO. 62,2000 JUDICIAL. MATTERS AMENDMENT ACT. 2000
“Theft. whether under the common law or a statutory provision, receiving stolen property know ing it to have been stolen, fraud, forgery or uttering a forged document knowing it to have been forged. in each case if the amount or value involved in the offence exceeds [two hundred rand] R2 500.”; and 5
(17) eleventh offence of the following offence: “Any offence under any law relating to the illicit— ~ possession of—
(i) dagga exceeding 115 grams; or (ii) any other dependence-producing drugs; or 10
(b) conveyance or supply of dependence-producing drugs.”.—
Amendment of Schedule 7 to Act 51 of 1977, as added by section 10 of Act 85 of 1997 and amended by section 10 of Act 34 of 1998
16. Schedule 7 to the Criminal Procedure Act, 1977, is hereby amended by the substitution for the ninth offence of the following offence: 15
“Theft and any offence referred to in section 264(1)(a), (b) and (c), if the amount involved in the offence [exceeds R200,00 but] does not exceed R20 000,00.”.
Amendment of section 1 of Act 53 of 1979, as amended by section 1 of Act 87 of 1989, section 1 of Act 102 of 1991 and section 1 of Act 115 of 1993
17. Section 1 of the Attorneys Act, 1979, is hereby amended— 20 (a) by the insertion after the definition of “articles of clerkship” of the following
definition: “ ‘attend’, for purposes of Chapter I, includes participation in a distance education course approved by the provincial law societies, and ‘attended’ and ‘attending’ have a corresponding meanin~”; and 25
(b) by the substitution for the definition of “law clinic” of the following definition:
“ ‘law clinic’ means— @ a centre for the p~actical legal education of students in the faculty of
law at a university in the Republic [, and includes] ~ 30 (bJ a law centre controlled by, or which is, a non-profit making
organization, which~ect to section 79A, provides legal services to the public free of charge;”.
Amendment of section 28 of Act 53 of 1979 35
18. Section 28 of the Attorneys Act, 1979, is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph:
“(b) [two] three members of each society elected annually by the council of the society.”.
Substitution of section 33 of Act 53 of 1979 40
19. The following section is hereby substituted for section 33 of the Attorneys Act, 1979:
“Quorum
33. [Eight] Ten members of the board of control shall constitute a quorum for any=eeting thereof.”. 45
12 so, 218s3 GOVERNMENT GKLETTE. 13 DECEMBER 2000
Insertion of section 79A in Act 53 of 1979
20. The folIowing section is hereby inserted in the Attorneys Act, 1979, after section 79:
“Recovery of costs by law clinics
79A. (1) Notwithstanding the provisions of section 83(6) of this Act and section 9(2) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), whenever in any legal proceedings or any dispute in respect of which legal services are rendered to a litigant or other person by a law clinic, costs become payable to such litigant or other person in terms of a judgment of the court or a settlement, or otherwise, it shall be deemed that such litigant or other person has ceded his or her rights to such costs to the law clinic.
(2) (u) A litigant or person referred to in subsection (1) or the law clinic rendering legal services to such litigant or person may, at any time before payment of the costs referred to in subsection (1), give notice in writing to— (i) the person liable for such costs; and
(ii) the registrar or clerk of the court concerned, that the legal services concerned are being or have been rendered by that law clinic.
(b) Where notice has been given as contemplated in paragraph (a), the law clinic concerned may proceed in its own name to have such costs taxed, where appropriate, and to recover them, without being substituted on the record of the legal proceedings concerned, if any, for the litigant or person referred to in subsection (l).
(3) The costs referred to in subsection (1) shall be calculated and the bill of costs concerned, if any, shall be taxed as if the litigant or person to whom legal services were rendered by the law clinic, actually incurred the costs of obtaining the services of the attorney or advocate acting on his or her behalf in the pr~ceedings or dispute concerned.”.
Amendment of section 1 of Act 107 of 1985, as amended by section 1 of Act 77 of 19s9
21. Section 1 of the Rules Board for Courts of Law Act, 1985, is hereby amended by the deletion of the definition of “Supreme Court”.
Amendment of section 3 of Act 107 of 1985, as amended by section 2 of Act 77 of 1989
22. Section 3 of the Rules Board for Courts of Law Act, 1985, is hereby amended by the substitution in subsection (1) for paragraphs (a) and (b) of the following paragraphs, respectively:
“(a) a judge of the Supreme ~ourt of APP eal or a High Court, whom the Minister designates as the [chairman] chairperson;
(b) a judge or retired judge of the Supreme Court of Appeal or a High Court, whom the Minister designates as the [vice-chairman] vice-chairperson;”.
Amendment of section 6 of Act 107 of 1985, as amended by section 4 of Act 77 of 1989 and section 24 of Act 139 of 1992
23. Section 6 of the Rules Board for Courts of Law Act, 1985, is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: “The Board may, with a view to the efficient, expeditious and uniform administration of justice in the Supreme Court of Appeal. the High Courts and the lower courts, from time to time on a regular basis review existing rules of court and, subject to the approval of the Minister, make, amend or repeal roles for the Supreme Court of Appeal, the High COUITS and the lower courts regulating—”;
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14 >“,) 2 18s3 GOVERNMENT GAZETTE, 13 DECEMBER ?()()()
/ict No. 62. 2(KKI .IL’DICIAL MATTERS .4 MENI)MENT ACT. 2000
(h) by the substitution in subsection ( 1 ) for paragraph (p) of the following paragraph:
“(p) the custody and disposal of records or minutes of mridence and proceedings in the Supreme Court of Appeal and the High Courts;”;
(c) by the substitution in subsection (1) for paragraph (t) of the following paragraph:
“(r) generally any matter which may be necessary or useful to be prescribed for the proper despatch and conduct of the functions of the Supreme Court of Appeal, the High Courts and the lower courts in civil as well as in criminal proceedings.”; and
(d) by the substitution for subsection (2) of the following subsection: “(2) (u) Different rules may be made in respect of the Supreme Court
of Appeal. the High Courts and the lower courts and in respect of different kinds of proceedings.
(b) The Board may, with the approval of the Minister, make different rules in respect of— Q [different div=ions ofl the Supreme Court of Appeal and the High
courts; (ii) the different High Courts; or. . .
(111) the lower courts in different magisterial districts. which shall be of force for the period or periods determined by the Board.”.
.4mendment of section 8 of Act 107 of 1985, as amended by section 4 of Act 18 of 1996
24. Section 8 of the Rules Board for Courts of Law Act, 1985, is hereby amended by the substitution for subsection ( 1 ) of the following subsection:
“(1 ) A member of the Board who is a judge of the Supreme Court of Appeal or a High Court shall be entitled to such allowance for traveling and subsistence expenses incurred by him or her in the performance of his or her functions in terms of this Act as the Minister with the concurrence of the Minister of Finance may determine.”.
Substitution of long title of Act 107 of 1985
25. The following long title is hereby substituted for the long title of the Rules Board for Courts of Law Act, 1985:
“To provide for the making of rules for the efficient, expeditious and uniform administration of justice in the Supreme Court of Appeal, High Courts and lower courts; for that purpose to make provision for the establishment of the Rules Board for Courts of Law; and to provide for matters connected therewith.”.
Substitution of certain words in Act 107 of 1985
26. The Rules Board for Courts of Ldw Act, 1985, is hereby amended— (a)
(b]
(c)
(d)
(e)
by the substitution for the word “chairman”,wherever it occurs in sections 4(1) and (3), 5(3) and 5A(1) and (2), of the word “chairperson”; by the substitution for the word “vice-chairman”, wherever it occurs in sections 4(1) and (3), 5(3) and 5A(l), of the word “vice-chaiwerson”; by the substitution for the word “he”, wherever it occurs in sections 3(1 A) and 4(1 ), of the expression “he or she”; by the substitution for the word “his”, wherever it occurs in sections 3(2). 5(2), 5A(4) and 8(2), of the expression “his or her”; and by the substitution for the word “him”, wherever it occurs in sections 5(1) and (2) and 8(2), of the expression “him or her”.
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I (> X(1. 2 i SS3 CiOVERN\fEXT G.4ZETTE. 13 D}; CE.M13ER 2000
Act No. 62.2000” JUI>ICIAL NlATTEKS,AN4Eh’DNl ENT,4CT. 2000
Amendment of section 5 of Act 105 of 1991
27. Section 5 of the Game Theft Act. 1991. is hereby t~mended by the sLlbstitution for subsection ( I ) of the following subsection:
“(l ) Any person who under the pretext of this Act wrongfully and maliciously arrests any person or causes him or her to be arrested or effects any search shall be guilty of an offence and liable on conviction to a fine [not exceeding R4 000] or [in default of payment to] imprisonment for a period not exceeding [twelve months or to both such fine and such imprisonment] three years.”.
Amendment of section 6 of Act 105 of 1991
28. Section 6 of the Game Theft Act, 1991. is hereby amended by the substitution for paragraphs (a) and (b) of the following paragraphs. respectively:
“(a) where the court is not a court of a regional division, a fine [not exceeding R8 000] or [in default of payment imprisonment not exceeding two years or both such fine and such imprisonment in the case of a first conviction and in the case of a se~ond or further conviction,] imprisonment for a period not exceeding three years; ~
(b) where the court is a court of a regional division, a fine [not exceeding R40 000] or [in default of payment] imprisonment for a period not exceeding [ten] fifteen years [or both such fine and such imprisonment],’”.
Amendment of section 3 of Act 90 of 1993, as amended by section 1 of Act 35 of 1996
29. (1) Section 3 of the Magistrates Act, 1993, is hereby amended by the substitution in subsection ( 1 )(a) for subparagraph (xi) of the following subparagraph:
“(xi) four [senators] permanent delegates to the National Council of Provinces and their alternates designated to~ether by the [Senate] Council [by resolution adopted by a majority] with a supporting vote of at least [two thirds of all its members] six provinces: and”.
(’2) Any person designated as a member of the Magistrates Commission in terms of section 3(1 )(a)(xi) of the Magistrates Act, 1993 (Act No. 90 of 1993), prior to the commencement of this Act, must be regarded as having been so designated in terms of that section as amended by subsection ( 1).
Repeal of section 6 of Act 120 of 1993, as substituted by section 4 of Act 18 of 1996
30. Section 6 of the Magistrates’ Courts Amendment Act, 1993, is hereby repealed.
Amendment of section 5 of Act 74 of 1996
31. Section 5 of the Special Investigating Units and Special Tribunals Act, 1996, is hereby amended by the addition of the following subsection:
“(9) Any member of a Special Investigating Unit who is qualified and admitted as an advocate or an attorney, may perforrn such work in any court of law on behalf of a Special Investigating Unit as is by law, custom or practice performed by advocates and attorneys.”.
Amendment of section 8 of Act 74 of 1996
32. Section 8 of the Special investigating Units and Special Tribunals Act, 1996, is hereby amended by the substitution for subsection (2) of the following subsection:
“(2) A Special Tribunal shall have jurisdiction to adjudicate upon any civil dispute brought before it by a Special Investigating Unit or any interested party as defined by the regulations, emanating from the investigation by such Special Investigating Unit, including the power to—
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18 N(). 21883 GO\”ERNhlENT GAZ.EITE. 13 DECEMBER 2000 .—
Act No. 62.2000 JUDICIAL SIATTERS AMEND\fENT ACT. 20(10
(a) issue suspension orders, interlocutory orders or interdicts on application by such Unit or party; [and]
(6) make any order \shich it deems appropriate so as to give effect to any ruling or decision given or made by it: and
(c) make any order which it deems appropriate as to costs.”. 5
Amendment of section 51 of Act 105 of 1997
33. Section 51 of the Criminal Law Amendment Act. 1997, is hereby amended— (a,l by the substitution for subsection (1) of the following subsection:
“(l) Notwithstanding any other law but subject to subsections (3) and (6), a High Court shall— 10 (!0 if it has convicted-a person of an offence referred to in part I of
Schedule 2; or (b) if the matte=as been referred to it under section 52(1) for sentence
after the person concerned has been convicted of an offence referred to in Part I of Schedule 2, 15
sentence the person to imprisonment for life.”; (b) by the substitution in subsection (2) for the words preceding paragraph (a) of
the following words: “Notwithstanding any other law but subject to subsections (3) and (6), a regional court or a High Court, including a Hi~h Court to which a matter 20 has been referred under section 52( 1) for sentence, shall in respect of a person who has been convicted of an offence referred to in—”;
(c) by the substitution in subsection (2)(a) for the words preceding subparagraph (i) of the following words:
“[if it has convicted a person of an offence referred to in] Part II of 25 Schedule 2, sentence the person, in the case of—”;
(d) by the substitution in subsection (2)(b) for the words preceding subparagraph (i) of the following words:
“[if it has convicted a person of an otfence referred to in] Part III of Schedule 2, sentence the person, in the case of—”; 30
(ej by the substitution in subsection (2)(c) for the words preceding subparagraph (i) of the following words:
“[if it has convicted a person of an offence referred to in] Part W of Schedule 2, sentence the person, in the case of—”; and
(f) by the substitution in subsection (8) for paragraph (b) of the following 35 paragraph:
“(b) a correctional official of the Department of Correctional Services or a person authorised under the Correctional Services Act, [1959 (Act No. 8 of 1959)] 1998 (Act No. 111 of 1998).”.
Amendment of section 52 of Act 105 of 1997 40
34. Section 52 of the Criminal Law Amendment Act, 1997, is hereby amended— (a) by the substitution for the heading of the following heading:
“Committal of accused for sentence by High Court after [plea of guilty or trial] conviction in regional court of offence referred to in Schedule 2“; 45
(b) by the substitution for subsection (1) of the following subsection: “(1) If a regional court, [after it has convicted an accused of an
offence referred to in Schedule 2] following on— (a) a plea of guilty: or (b,) a plea of not guilty, 50 has convicted an accused of an offence referred to in— (i) Part I of Schedule 2; or (ii) Part II, HI or IV of Schedule 2 and the court [but before sentence,]
is of the opinion that the offence [in respect of which the accused has been convicted] concerned merits punishment in excess of the 55 jurisdiction of a regional court in terms of section 5 IQ),
the court shall stop the proceedings and commit the accused for sentence as contemplated in section 51(1) or (2), as the case may be, by a High Court having jurisdiction.”;
2() so 21ss3 GOVERN’NIENT G,AZ[;TTE. 13 DECENIBER 2000
,\c~ \-,,.~~,~()()() JLIDICIAL \I:\TTERS AKIENDMENT ACT. 2000”
~cj by the substitution in subsection (2)((]) for the words follo~illg UPOII subparagraph (ii ) of the following words:
“the Court shall make a formal findinS of guilty and sentence the accused as contemplated in section 51 1 ) or (2). as the case may be.”:
(d) by the substitution in subsection (2) for paragraph (c) of the following 5 paragraph:
“(c) If the Court— Q is satisfied tha~a plea of guilty or any admission by the accused
which is material to his or her guilt was incorrectly recorded: or (ii) [if the Court] is not satisfied that the accused is guilty of the offence 10
of which he or she has been convicted and in respect of which he or she has been committed for sentence or that he or she has no valid defence to the charge,
the Court shall enter a plea of not guilty and proceed with the trial as a summary trial in that Court: Provided that any admission by the accused 15 the recording of which is not disputed by the accused, shall stand as proof of the fact thus admitted. “’;
(e) by the substitution in subsection (3)(b) for the words preceding the proviso of the following words:
“The High Court shall, after considering the record of the proceedings in 20 the regional court, sentence the accused as contemplated in section 5 l(1) or (2), as the case may be, and the judgment of the regional court shall stand for this purpose and be sufficient for the High Court to pass such sentence [as contemplated in section 51]: “’; and
@ by the substitution in subsection (3)(e) for subparagraphs (i) and (ii) of the 25 following subparagraphs, respectively:
“(i) confirm the conviction and thereupon impose a sentence as contemplated in section 51(1) or (2). as the case may be;
(ii) alter the conviction to a conviction of another offence referred to in Schedule 2 and thereupon impose a sentence as contemplated in 30 section 51(1) or (2), as the case may be;”.
Insertion of sections 52A and 52B in Act 105 of 1997
35. The following sections are hereby inserted in the Criminal Law Amendment Act, 1997, after section 52:
“Committal of accused for sentence by High Court after conviction in 35 regional court of offence not referred to in Schedule 2
52A. (1) If a regional court, followin~ on— (a) a plea of guilty; or (b) a plea of not guilty, 40 has convicted an accused of an offence referred to in Schedule 2 as well as an offence not referred to in that Schedule, the court shall— (i) where it stops the proceedings as contemplated in section 52(1) for
purposes of committing the accused for sentence by a High Court, simultaneously stop the proceedings in respect of the offence not 45 referred to in that Schedule; and
(ii) when it commits the accused for sentence under section 52(1) by a High Court, simultaneously commit the accused for sentence by the High Court in question in respect of the offence not referred to in that Schedule in accordance With subsection (2) or (3). 50
(2) (a) Where an accused is committed under subsection (l)(a) for sentence by p High Court, the record of the proceedings in the regional court shall upon proof thereof in the High Court be received by the High Court and form part of the record of that Court, and the plea of guilty and any admission by the accused shall stand unless the accused satisfies the 55 Court that such plea or such admission was incorrectly recorded.
22 \“o, 218s3 GOVERN31F3T GAZETTE. 13 DECEMBER 2000
Act No. 62, 2000 .I(’DICLAL MATTERS ,4 MENDh!ENT ACT. 2000
(b) Unless the High Court in question- (i) is satisfied that a plea of guilty or an admission by the accused which
is material to his or her guilt was incorrectly recorded: or (ii) is not satisfied th:it the accused is guilty of the offence of which he or
she has been convicted and in respect of which he or she has been committed for sentence,
the Court shall make a formal finding of guilty and thereupon impose the sentence that the Court may deem fit.
(c) If the Court— (i) is satisfied that a plea of guilty or any admission by the accused which
is material to his or her guilt was incorrectly recorded; or (ii) is not satisfied that the accused is guilty of the offence of which he or
she has been convicted and in respect of which he or she has been committed for sentence or that he or she has no valid defence to the charge,
the Court shall enter a plea of not guilty and proceed with the trial as a summary trial in that Court: Provided that any admission by the accused the recording of which is not disputed by the accused, shall stand as proof of the fact thus admitted.
(d) The provisions of section 112(3) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall apply with reference to the proceedings under this subsection.
(3) (a) Where an accused is committed under subsection (1 )(b) for sentence by a High Court, the record of the proceedings in the regional court shall upon proof thereof in the High Court be received by the High Court and form part of the record of that Court.
(b) The High Court shall, after considering the record of the proceedings in the regional court, impose the sentence that the Court may deem fit, and the judgment of the regional court shall stand for this purpose and be sufficient for the High Court to pass such sentence: Provided that if the judge is of the opinion that the proceedings are not in accordance with justice or that doubt exists whether the proceedings are in accordance with justice, he or she shall, without sentencing the accused, obtain from the regional magistrate who presided at the trial a statement setting forth his or her reasons for convicting the accused.
(c) If a judge acts under the proviso to paragraph (b), he or she shall inform the accused accordingly and subject to section 52(3)(c) postpone the case for judgment.
(d) The Court in question may at any sitting thereof hear any evidence and for that purpose summon any person to appear to give evidence or to produce any document or other article.
(e) Such Court, whether or not it has head evidence and after it has obtained and considered a statement referred to in paramaoh (b}. mav— (i)
(ii) (iii)
(iv)
Q,,.,-
confsrm, alter or quash the conviction, and in the event of the conviction being quashed where the accused was convicted on one of two or more alternative charges, convict the accused on the other alternative charge or on one or other of the alternative charges and thereupon impose the sentence that the Court may deem fit; set aside the conviction; remit the case to the regional court with instruction to deal with any mat[er in such manner as the High Court may deem fit; or make any such order in regard to any matter or thing connected with such person or the proceedings in regard to such person as the High Court deems likely to promote the ends of ,justice.
2-I N() 2]88.? GOVHWhf EST CT.$.ZETTE. 13 DECEMBER. 2000 —
Ad No. 62,2000 .I[’DICI AL kl.ATTERS .4 MEN DMEhTT ACT, 2000
Simultaneous imposition of sentence by High Court for offence referred to in Schedule 2 and offence not referred to in that Schedule
52B. If a regional court has committed an accused under sections 52(]) and 52A(1) for sentence by a Hi2h Coun. the High COUrt in question shall. when sentencing the accused as contemplated in section 51 ( 1 ) or (2) in 5 respect of the matter referred to it under section 52(1). simultaneously sentence the accused as contemplated in section 52A(2) or (3) in respect of the matter referred to it under section 52A( 1 ).”.
Substitution of section 53 of Act 105 of 1997
36. The following section is hereby substituted for section 53 of the Criminal Law 10 Amendment Act, 1997:
“Saving
53. (1) Sections 51. [and] 52, 52A and 52B shall, subject to subsections (2) and (3), cease to have effect after the expiry of two years from the commencement of this Act. 15
(2) The period referred to in subsection (1) may be extended by the President, with the concurrence of Parliament, by proclamation in the Gaxrte for [one year] two years at a time.
(3) Any appeal against— (a) a conviction of an offence— 20
Q referred to in Schedule 2 of this Act and a resultant sentence imposed in terms of section 51; or
(ii) not referred to in the said Schedule 2 and a resultant sentence imposed in terms of section 52A; or 25
(b) a sentence imposed in terms of section51 or 52A, as the case may be, shall be continued and concluded as .if [section] sections 51 and 52A had at all relevant times been in operation.
(4) Sections 51 and 52 shall not derogate from the provisions of section 89(2) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944). 30
(5) If a regional court has convicted an accused of an offence referred to in Schedule 2 as well as an offence not referred to in that Schedule, and the court has, prior to the commencement of the Judicial Matters Amendment Act, 2000, committed the accused under section 52( 1) for sentence by a High Court in respect of the offence referred to in the said Schedule 2, but 35 has not committed the accused for sentence by the High Court in question in respect of the offence not referred to in that Schedule, the regional COUfl must sentence the accused in respect of the last-mentioned offence as if the Judicial Matters Amendment Act, 2000, had not been passed.”.
Amendment of Schedule 2 to Act 105 of 1997 40
37. Schedule 2 to the Criminal Law Amendment Act, 1997, is hereby amended by the substitution in Part I for subparagraph (ii) of paragraph (c) of the first offence of the following subparagraph:
“(ii) robbery with aggravating circumstances as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or”. 45
Short title and commencement
38. This Act is called the Judicial Matters Amendment Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.
I