REPUBLIC OF SOUTH AFRICA
PROMOTION OF ADMINISTRATIVE JUSTICE AMENDMENT BILL
(As introduced in the National Assembly as a section 75-Bill; explanatory summary of Bill published in Government Gazette No. of ) (The English text is the official text of the Bill)
(MINISTER FOR ….)
[B - 2002]
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
___________ Words underlined with a solid line indicate insertions in existing enactments.
B I L L
To amend the Promotion of Administrative Justice Act, 2000, so as to amend a definition; to provide for the training of presiding officers in the magistrates' courts; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—
Amendment of section 1 of Act 3 of 2000
1. Section 1 of the Promotion of Administrative Justice Act, 2000 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the definition of "court" of the following definition:
(a) the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or
(b) (i) a High Court or another court of similar status; or
(ii) a Magistrate's Court, either generally or in respect of a specified class of administrative actions, designated by the Minister by notice in the Gazette and presided over by a magistrate or additional magistrate designated in [writing by the Minister, after consultation with the Magistrates Commission] in terms of section 9A,
within whose area of jurisdiction the administrative action occurred or the administrator has his or her or its principal place of administration or the party whose rights have been affected is domiciled or ordinarily resident or the adverse effect of the administrative action was, is or will be experienced;".
Insertion of section 9A in Act 3 of 2000
2. The following section is hereby inserted after section 9 of the principal Act:
"Designation and training of presiding officers
9A. (1) (a) The head of an administrative region defined in section 1 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), must, subject to subsection (2), designate in writing any magistrate or additional magistrate as a presiding officer of the magistrate's court designated by the Minister in terms of section 1 of this Act.
(b) A presiding officer must perform the functions and exercise the powers assigned to or conferred on him or her under this Act or any other law.
(2) Only a magistrate or additional magistrate who has completed a training course—
(a) before the date of commencement of this section; or
(b) as contemplated in subsection (5),
and whose name has been included in the list contemplated in subsection (4)(a), may be designated in terms of subsection (1).
(3) The heads of administrative regions must—
(a) take all reasonable steps within available resources to designate at least one presiding officer for each magistrate's court within his or her area of jurisdiction which has been designated by the Minister in terms of section 1; and
(b) without delay, inform the Director-General: Justice and Constitutional Development of any magistrate or additional magistrate who has completed a training course as contemplated in subsections (5) and (6) or who has been designated in terms of subsection (1).
(4) The Director-General: Justice and Constitutional Development must compile and keep a list of every magistrate or additional magistrate who has—
(a) completed a training course as contemplated in subsections (5) and (6); or
(b) been designated as a presiding officer of a magistrate's court contemplated in subsection (1).
(5) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.
(6) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training course contemplated in subsection (5).
(7) The Minister must table in Parliament, as prescribed, a report relating to the content and implementation of the training course referred to in subsections (5) and (6).".
3. This Act is called the Promotion of Administrative Justice Amendment Act, 2002.