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South Africa
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Judicial Matters Amendment Act, No. 8 of 2017

Long title


To amend the Magistrates’ Courts Act, 1944, so as to: further regulate the benefits of magistrates who are required to dispose of proceedings which were not disposed of on vacation of the office of magistrate; and further provide for the appointment of magistrates of regional divisions to adjudicate on civil disputes; To amend the State Liability Act, 1957, so as to: further regulate the service of court process; further regulate the issuing of writs of execution or warrants of execution by registrars or clerks of the court; and amend certain definitions; To amend the Administration of Estates Act, 1965, so as to enable the Cabinet member responsible for the administration of justice to make certain regulations regarding persons who may liquidate and distribute deceased estates; To amend the South African Law Reform Commission Act, 1973, so as to further regulate the constitution of the South African Law Reform Commission; To amend the Criminal Procedure Act, 1977, so as to: further regulate the prescription of the right to institute prosecutions; further regulate the availability of certain witnesses in criminal proceedings; further regulate the competency or compellability of witnesses to give evidence; and effect technical corrections; To amend the Attorneys Act, 1979, so as to further regulate the engagement of candidate attorneys; To amend the Small Claims Courts Act, 1984, so as to give the Rules Board for Courts of Law the power to make rules regulating various aspects in respect of small claims courts; To amend the Rules Board for Courts of Law Act, 1985, so as to further regulate the constitution of the Rules Board for Courts of Law; To amend the Sheriffs Act, 1986, so as to: further regulate the appointment of sheriffs; provide for the transfer of certain moneys in the trust accounts of sheriffs to the Fidelity Fund for Sheriffs; regulate the allocation of areas for sheriffs; and assist certain litigants with the payment of costs for the execution of small claims court judgments; To amend the Magistrates Act, 1993, so as to: effect technical corrections; further regulate the composition of the Magistrates Commission; and extend the age of retirement of magistrates; To amend the Criminal Law Amendment Act, 1997, so as to include rape and compelled rape of an older person in Part I of Schedule 2; To amend the National Prosecuting Authority Act, 1998, so as to provide for the establishment of offices for the prosecuting authority at local seats of Divisions of the High Court; To amend the Debt Collectors Act, 1998, so as to further regulate the powers of the Council for Debt Collectors; To amend the Promotion of Access to Information Act, 2000, so as to further regulate the designation and training of presiding officers; To amend the Promotion of Administrative Justice Act, 2000, so as to further regulate the designation and training of presiding officers; To amend the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, so as to add HIV/AIDS status to the definition of ‘‘prohibited grounds’’ and further regulate the designation and training of presiding officers; To amend the Institution of Legal Proceedings against certain Organs of State Act, 2002, so as to further regulate: the service of notices against organs of state; and the service of process against organs of state in accordance with the provisions of the State Liability Act, 1957; To amend the Children’s Act, 2005, so as to effect technical corrections; To amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, so as to further regulate: the categories of persons whose particulars must be included in the National Register for Sex Offenders; the inclusion of the particulars of convicted persons in the National Register for Sex Offenders; and the designation of sexual offences courts; To amend the Prevention and Combating of Trafficking in Persons Act, 2013, so as to effect technical corrections; To amend the Superior Courts Act, 2013, so as to further regulate the electronic transmission of summonses, writs and other process; and To amend the Legal Aid South Africa Act, 2014, so as to: effect technical corrections; and further regulate the term of appointment of members of the Board of Legal Aid South Africa; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
1. Amendment of section 9 of Act 32 of 1944...
2. Amendment of section 12 of Act 32 of 1944...
3. Substitution of section 2 of Act 20 of 1957...
4. Amendment of section 3 of Act 20 of 1957...
5. Amendment of section 4A of Act 20 of 1957...
6. Amendment of section 103 of Act 66 of 1965...
7. Amendment of section 3 of Act 19 of 1973...
8. Amendment of section 18 of Act 51 of 1977...
9. Amendment of section 184 of Act 51 of 1977...
10. Insertion of section 194A in Act 51 of 1977
11. Substitution of heading of Part III of Schedule 2 to Act 51 of 1977
12. Amendment of Schedule 5 to Act 51 of 1977...
13. Amendment of Schedule 6 to Act 51 of 1977...
14. Amendment of section 3 of Act 53 of 1979...
15. Amendment of section 25 of Act 61 of 1984
16. Amendment of section 3 of Act 107 of 1985...
17. Amendment of section 2 of Act 90 of 1986...
18. Amendment of section 3 of Act 90 of 1986...
19. Amendment of section 22 of Act 90 of 1986..
20. Amendment of section 26 of Act 90 of 1986...
21. Amendment of section 27 of Act 90 of 1986...
22. Amendment of section 3 of Act 90 of 1993...
23. Amendment of section 8 of Act 90 of 1993...
24. Amendment of section 13 of Act 90 of 1993...
25. Amendment of Part I of Schedule 2 to Act 105 of 1997...
26. Amendment of section 6 of Act 32 of 1998
27. Insertion of section 3A in Act 114 of 1998
28. Amendment of section 91A of Act 2 of 2000...
29. Amendment of section 9A of Act 3 of 2000...
30. Amendment of section 1 of Act 4 of 2000...
31. Amendment of section 16 of Act 4 of 2000...
32. Amendment of section 4 of Act 40 of 2002
33. Amendment of section 5 of Act 40 of 2002...
34. Amendment of section 141 of Act 38 of 2005...
35..Amendment of section 1 of Act 32 of 2007...
36.Amendment of section 40 of Act 32 of 2007
37.Amendment of section 50 of Act 32 of 2007...
38.Amendment of section 55A of Act 32 of 2007...
39.Amendment of section 13 of Act 7 of 2013
40.Amendment of section 44 of Act 10 of 2013
41.Amendment of section 6 of Act 39 of 2014
42.Substitution of section 9 of Act 39 of 2014
43. Short title and commencement
.
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Copyright Rita V. Felgate 2020