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Judicial Matters Second Amendment Act, No. 55 of 2003

Long title


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 an 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; to 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 Administrative Justice Act, 2000, so as lo adapt the definition of “administrative action”; to 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.

Table of contents

SECTION TITLE
1. Amendment of section 10 of Act 9 of 1929...
2. Substitution of section 35B of Act 24 of 1936...
3. Amendment of section 4 of Act 16 of 1965...
4. Amendment of section 60 of Act 51 of 1977...
5. Amendment of section 276 of Act 51 of 1977...
6. Insertion of section 299A in Act 51 of 1977
7. Amendment of section 342A of Act 51 of 1977...
8. Insertion of section 13B in Act 53 of 1979
9. Amendment of section 74 of Act 53 of 1979...
10. Amendment of section 80 of Act 53 of 1979...
11. Amendment of section 7 of Act 70 of 1979...
12. Amendment of section 1 of Act 90 of 1986...
13. Substitution of section 7 of Act 90 of 1986
14. Substitution of long title of Act 90 of 1986
15. Amendment of section 5 of Act 24 of 1987...
16. Amendment of section 10 of Act 99 of 1998
17. Amendment of section 16 of Act 99 of 1998
18. Amendment of section 26 of Act 99 of 1998...
19. Amendment of section 5 of Act 116 of 1998
20. Amendment of section 10 of Act 2 of 2000...
21. Substitution of section 12 of Act 2 of 2000...
22. [...repealed - was entitled “Amendment of section 44 of Act 2 of 2000...”]
23. Amendment of section 79 of Act 2 of 2000
24. Substitution of section 90 of Act 2 of 2000
25. Amendment of section 92 of Act 2 of 2000
26. Amendment of section 1 of Act 3 of 2000...
27. Amendment of section 7 of Act 3 of 2000
28. Amendment of section 16 of Act 4 of 2000...
29. Amendment of section 17 of Act 4 of 2000...
30. Amendment of section 2 of Act 42 of 2000
31. Amendment of section 11 of Act 47 of 2001
32. Amendment of section 16 of Act 47 of 2001
33. Repeal of section 18 of Act 28 of 2003
34. Short title and commencement
 
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