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| South Africa NATIONAL LEGISLATION OVERVIEWS  |
||
Superior Courts Act, No.
10 of 2013
NOTE: Assented to and published in English, with alternative copy in Afrikaans
NOTE: Assented to and published in English, with alternative copy in Afrikaans
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 [...inserted 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 |
| 37A. | Evidence through intermediaries in proceedings other than criminal proceedings [... inserted by Act 2021_012_018_20220128] |
| 37B. | Oath and competency of intermediaries [... inserted by Act 2021_012_018_20220128] |
| 37C. | Evidence through remote audiovisual link in proceedings other than criminal proceedings [... inserted by Act 2021_012_018_20220128] |
| 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)) |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 2013_010_000_20130812 | EXT.LINK (LB full copy on request) | REQ.INFO | LINK |
| As amended by Act 2017_007_000_20170802 . | N/A | REQ.INFO | LINK |
| As amended by Act 2017_008_000_20170802 . | N/A | REQ.INFO | LINK |
| As amended by Act 2021_012_000_20220128** . | N/A | REQ.INFO | LINK |
| As
amended by EITHER Act 2021_014_000_20220128 Sch OR Act
1998_116_000_20220128** (as inferred amended by Act
2021_014_000_20220128)** (See Commentary on Act 2021_014_000_20220128) | N/A | REQ.INFO | LINK |
As if amended by Bill B2023_007B_000_00000000 . | N/A | REQ.INFO | LINK |
| As amended by Act 2023_015_000_20240403 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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