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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Superior Courts Act, No. 10 of 2013

Long title


To rationalise, consolidate and amend the laws relating to the Constitutional Court, the Supreme Court of Appeal and the High Court of South Africa; to make provision for the administration of the judicial functions of all courts; to make provision for administrative and budgetary matters relating to the Superior Courts; and to provide for matters incidental thereto.

Table of contents

SECTION TITLE

PREAMBLE
CHAPTER 1. INTRODUCTORY PROVISIONS
1. Definitions
2. Objects and interpretation of Act
3. Introduction of legislation dealing with court structures
CHAPTER 2. CONSTITUTIONAL COURT, SUPREME COURT OF APPEAL AND HIGH COURT OF SOUTH AFRICA
4. Constitution and seat of Constitutional Court
5. Constitution and seat of Supreme Court of Appeal
6. Constitution of High Court of South Africa
7. Circuit Courts
CHAPTER 3. GOVERNANCE AND ADMINISTRATION OF ALL COURTS
8. Judicial management of judicial functions
9. Access to courts, recess periods and attendance at courts
10. Finances
11. Appointment of officers and staff
CHAPTER 4. MANNER OF ARRIVING AT DECISIONS BY SUPERIOR COURTS
12. Manner of arriving at decisions by Constitutional Court
13. Manner of arriving at decisions by Supreme Court of Appeal
14. Manner of arriving at decisions by Divisions
CHAPTER 5. ORDERS OF CONSTITUTIONAL INVALIDITY, APPEALS AND SETTLEMENT OF CONFLICTING DECISIONS
15. Referral of order of constitutional invalidity to Constitutional Court
16. Appeals generally
17. Leave to appeal
18. Suspension of decision pending appeal
19. Powers of court on hearing of appeals
20. Settlement of conflicting decisions in civil cases
CHAPTER 6. PROVISIONS APPLICABLE TO HIGH COURT ONLY
21. Persons over whom and matters in relation to which Divisions have jurisdiction
22. Grounds for review of proceedings of Magistrates’ Court
23. Judgment by default
23A. Rescission of judgment with consent of plaintiff or where judgment has been paid [...insesrted by Act 2017_007_014_20170802]
24. Time allowed for appearance
25. Circumstances in which security for costs shall not be required
26. Disposal of records and execution of judgments of Circuit Courts
27. Removal of proceedings from one Division to another or from one seat to another in same Division
28. Prohibition on attachment to found jurisdiction within Republic
CHAPTER 7. RULES OF COURT
29. Rules of Constitutional Court
30. Rules of Supreme Court of Appeal and High Court
CHAPTER 8. GENERAL PROVISIONS APPLICABLE TO ALL SUPERIOR COURTS
Part 1. Nature of courts
31. Nature of courts and seals
32. Proceedings to be carried on in open court
33. More than one court may sit at same time
Part 2. Adducing of evidence and procedural matters
34. Certified copies of court records admissible as evidence
35. Manner of securing attendance of witnesses or production of any document or thing in proceedings and penalties for failure
36. Manner in which witness may be dealt with on refusal to give evidence or produce documents
37. Witness fees
38. Reference of particular matters for investigation by referee
39. Examination by interrogatories
40. Manner of dealing with commissions rogatoire, letters of request and documents for service originating from foreign countries 
41. Court may order removal of certain persons
Part 3. Process of Superior Courts
42. Scope and execution of process
43. Execution of process by sheriff
44. Electronic [T][t]ransmission of summonses, writs and other process [...Title amended by Act 2017_008_040_20170802 - was entitled "Transmission of summonses, writs and other process and of notice of issue thereof"]
45. Property not liable to be seized in execution
46. Offences relating to execution
47. Issuing of summons or subpoena in civil proceedings against judge
48. Acting judges of Superior Courts
49. Regulations
CHAPTER 9. TRANSITIONAL PROVISIONS, AMENDMENT AND REPEAL OF LAWS, AND COMMENCEMENT
50. Existing High Courts
51. Rules in existence immediately before commencement of Act
52. Pending proceedings when Act commences
53. References in other laws
54. Financial accountability
55. Repeal and amendment of laws
56. Short title and commencement
Sch.1. SCHEDULE 1. LAWS REPEALED (SECTION 55(1)(a))
Sch.2. SCHEDULE 2. LAWS AMENDED (SECTION 55(1)(b))
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Copyright Rita V. Felgate 2019