REPUBLIC OF SOUTH AFRICA

GOVERNMENT GAZETTE

STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA

Re<qistered (it ttle Post O@ce [1s (z IVe\rspaper

As ‘tt !Vllllsblad by die Posk[lrltoor Geregistreer

CAPE TOWN, 7 OCTOBER 1998
VOL

400

No.

KAAPSTAD, 7 OKTOBER 1998

19322

OFFICE OF THE PRESIDENT No. 1247. 7 October 1998

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KANTOOR VAN DIE PRESIDENT No. 1247. 7 Oktober 1998

II It is hereby notified that the President has assented to the following Act which is hereby published for general information:— No. 66 of 1998: Magistrates Amendment Act, 1998. Hierby word bekend gemaak dat die President sy goedkeuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:— No. 66 van 1998: Wysigingswet op Landdroste, 1998.

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No. 19322

GOVERNMENT GAZE~E.70cT0BER 1998 MAGISTRATES AMENDMENT ACT. 1998

Act No. 66, 1998

GENERAL EXPLANATORY NOTE: [

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Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existin& enactments.

ACT
To amend the Magistrates’ Courts Act, 1944, so as to effect certiin consequential amendments; to make provision for the creation of administrative regions; to further regulate the appointment of magistrates; to further regulate the exercising of administrative control over the functions performed by magistrates; and to increase the penal jurisdiction of magistrates’ courts; to amend the Magistrates Act, 1993, so as to regulate the assignment of administrative functions to magistrates; to make provision for certain penalty provisions to be prescribed by regdation; and to provide for matters connected therewith.

(Engli.vll (ext .fig)ted by tllc Presidertt. ) (Assented to 28 Se[?tember 1998. )

B

E IT ENACTED by the Parliament of the Republic of South Africa. as follows:—

Amendment of section 1 of Act 32 of 1944, as substituted by section 1 of Act 53 of 1970 and amended by section 23 of Act 94 of 1974, section 1 of Act 105 of 1982, section 2 of Act 34 of 1986 and section 1 of Act 4 of 1991

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1. Section 1 of the Magistrates. Courts Act. 19#. is hereby amended— (a) by the insertion before the definition of “court” of the following definition: “ ‘administrative region’ means an administrative region created by the Minister under section 2 (2):”: (11) by the substitution for the definition of “court of appeal’. of the following 10 definition: “ ‘court of appeal’ means the [provincial or local division of the Supreme Court] High Court to which an appeal lies from the magistrates cou~:” : (c) by the insertion after the definition of “court of appeal.’ of the following 15 definition: .’ ‘head of the administrative region’ means the magistrate designated as such by the Minister. after consultation with the Magistrates Commission:’.: (d) by the insertion after the definition of magistrate’. of the following ZO definition: ‘. ‘Magistrates Commission. means the Magistrates Commission estab-

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No. 19322

GOVERNLIENT GAZEmE. 7 OCTOBER 1998 MAGISTRATES AMENDMENT ACT. 1998

Act No. 66, 1998

lished by section 2 of the Magistrates Act, 1993 (Act No. 90 of 1993);”: and (e) by the substitution for the definition of “Minister.’ of the following definition: ‘. ‘Minister. [, in section 15 (2) and (4) and in section 113,] means the Minister of Justice: [and in any other provision of this Act, ‘Minister’ 5 in relation to any matter to be dealt with in a regional division, district or subdistrict administered under the control of the Minister of Justice, and in relation to the creation or abolition of any such regional division, district or subdistrict, means that Minister or any 10 other Minister of State acting on his behalfi] . . . Amendment of section 2 of Act 32 of 1944, as substituted by section 2 of Act j3 of 1970 and amended by section 7 of Act 102 of 1972 and section 2 of Act 34 of 1986 2. Section 2 of the Magistrates. Courts Act, 1944, is hereby amended by the addition of the following subsection: “(2 ) The Minister mav. bv notice in the Ga:erfe and after consultation with the Ma~lstrate~ Commission. ioln anv aroup of districts together to create an administrative region for administrative purposes . . . .

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Amendment of section 9 of Act 32 of 1944, as substituted by section 2 of Act 8 of 1967 and amended by section 4 of Act 53 of 1970, section 8 of Act 102 of 1972, section 11 of Act 29 of 1974, section 24 of Act 94 of 1974, section 1 of Act 28 of 1981, 20 section 2 of Act 34 of 1986, section 17 of Act 90 of 1993 and section 3 of Act 104 of 1996 3. Section 9 of the Magistrates’ Courts Act. 1944. is hereby amended— (cl) b} the substitution for par~graph (cIA) of subsection ( 1 ) of the following paragraph: .’(t/A) The hlinister ma!. in a particular case or gener~ll! and subject to such directions as he or she ma> deem fit. dele~ate the pokver conferred upon him or herb} paragraph (cl) to the Director-General of his or her department or another officer of that department with the rank of director or an equivalen[ or higher rank or a magistrate at the head of a regional division or a [magistrate ~vith the rank of chief magistrate] person occupving the office of chief magistrate. includins an acting chief magistrate...: (1~} b> the substitution for para~raph (l)) of subsection ( 1 ) of the follouing paragraph: .’(IJ) No person shall be appointed as a magistrate of a regional division unless he [is a magistrate who] or she has satisfied all the requirements for the degree of bacccilaureu.s /eg/u~I of a university in the Republic or has passed the Public Service Senior Law Examination or an examination deemed by the [Public Service Commission] Minister to be equivalent or superior to the said examination. and the [board referred to in section 9bis] Magistrates Commission has informed the Minister that he or she is suitable for appointment as a magistrate of a regional division...: and (c) by the substitution for subsections (3) and (4) of the following subsections. respectively:

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35

40

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.(3 ) Whenever by reason of absence or incapacity a ma:istrale.
additional magistrate or assistant magistrate is unable to carry out the functions of his or her ofice or whenever such office becomes vactint. the Minister. or an oficer in the Department of Justice or a magistrate at the 50 head of a regional division or a [magistrate with the rank of chief magistrate] person occupving the ofice of chief magistrate. including an acting chief magistrate authorized thereto in writing by the Minister. may appoint any other competent person to act in the place of the absent or incapacitated magistrate. additional magistrate or assistant magistrate. 55 as the case may be. during such absence or incapacit} or to act in the \Jacant office until the \acancy is filled: Provided that no person shall be appointed as an acting magistrate of a re~ional division unless he or she has satisfied all the requirements for the degree referred to in subsection

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No. 19322

GOVERNMENT GAZEmE,70CTOBER 1998 MAGISTRATES AMENDMENT ACT. 1998

Act No. 66, 1998

(1 )(b) or has passed an examination referred to in that subsection: Provided further that when any such vacancy has remained unfilled for a continuous period exceeding three months the fact shall be reported to the Magistrates Commission [established by section 2 of the Magistrates Act, 1993 (Act 90 of 1993)]. 5 (4) The Minister or an officer in the Department of Justice or a magistrate at the head of a regional division or a [magistrate with the rank of chief magistrate] person occupying the office of chief magistrate, including an acting chief magistrate authorized thereto in writing by the Minister, may appoint temportily any competent person 10 to act either generally or in a particular matter as magistrate of a regional division in addition to any magistrate or acting magistrate of that division or as additional or assistant magistrate for any district or sub-district in addition to the magistrate or any other additional or assistant magis15 trate.”. Substitution of section 10 of Act 32 of 1944 4. The following section is hereby substituted for section 10 of the Magistrates’ Act, 1944: “Qualifications for appointments of judicial officers 10. Subject to the provisions of the [law governing the public service] Magistrates Act. 1993 [Act No. 90 of 1993 ). and of section [eleven] 1 l— (a) a person who has not before the commencement of [this ActTthe Magistrates Amendment Act, 1998, held a substantive appointment as magistrate shall not hold such an appointment and a person who has not before the commencement of [this Act] the Mapistrat&s Amendment Act. 1998. held a substantive appointment as assistant magistrate shall not hold such an appointment. unless in either case he or she has passed the civil semice lower law examination or an examination declared by the [Public Service Commission] Minister to be equivalent thereto: (b) in recommending any person for appointment as a magistrate. additional magistrate or assistant magistrate the [Public Service Commission] Magistrates Commission may give preference to a person who holds a degree in law of a university in South Africa. or has passed the Civil Service Higher Law Examination or an examination deemed by the Commission to be equivalent thereto.’.. Amendment of section 12 of Act 32 of 1944, as amended by section 9 of Act 40 of 1952 and section 25 of Act 94 of 1974 ~. Section 12 of the Magistrates’ Courts Ac(. 1944. is hereby amended by the addition to subsection ( 1 ) of the following paragraph: ..(() shall be subject to the administrative control of the head of the administrative 40 region in which his or her district is situate.”. Amendment of section 92 of Act 32 of 1944, as substituted by section 30 of Act 94 of 1974 and amended by section 9 of Act 91 of 1977, section 1 of Act 109 of 1984, section 9 of Act 25 of 1987, section 2 of Act 129 of 1993 and section 2 of Act 33 of 1997 45 6. Section 92 of the Magistrates’ Courts Act, 1944. is hereby amended by the substitution for paragraph (a) of subsection ( ] ) of the following paragraph: “(a) by imprisonment, may impose a sentence of imprisonment for a period not exceeding [twelve months] three years, where the court is not the court of a regional division. or not exceeding [ten] — years. where the 50 15 court is the court of a regional division:.., 20

cOUrtS

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No. 19322

GOVERNMENT GAZETTE, 7 OCTOBER 1998 MAGISTRATES AMENDMENT ACT, 1998

Act No. 66, 1998

Substitution of section 14 of Act 90 of 1993, as amended by section 8 of Act 3S of 1996 7. The following section is hereby substituted for section 14 of the Magistrates Act. 1993: “Powers and duties of magistrates 5

14. Q A magistrate shall possess the powers and perform the duties conferred on or assigned to him or her by or under the laws of the Republic or, in any specific case, by the Minister after consultation with the Commission. (2) The Minister may, after consultation with the Commission. make 10 regulations conferring on or assigning to magistrates administrative powers and duties which do not affect the judicial independence of magistrates, including regulations empowering the Minister, after consultation with the Commission, to confer or assign administrative powers and duties of a 15 general nature on or to magistrates. (3) The provisions of section 16(2) shall apply with the necessary changes in ;espect of any regulation made under”;ubsection (2).’.. Amendment of section 16 of Act 90 of 1993, as amended by sections 7 and 8 of Act 3j of 1996 8. Section 16 of the Magistrates Act. 1993, is hereby amended by the addition of the 20 following subsection: “(6) A regulation made under subsection (1 )(j). and which regulates the attendance of persons at misconduct proceedings contemplated in such a regulation, may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable 25 to a fine. or to imprisonment for a period not exceeding three months.’.. Short title 9. This Act shall be called the Magistrates Amendment Act. 1998.