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)) |