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REPUBLIC OF SOUTH AFRICA L’” : “ &---—..

GOVERNMENT GAZETTE

STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA

Registered at the POSI Ofice as a Ne~~spaper

As ‘n Nuusblad by die Poskantoor Geregistreer

CAPE TOWN. 10 DECEMBER 1997
VOL

390 KAAPSTAD. 10 DESEMBER 1997

No. 18496

OFFICE OF THE PRESIDENT No. 1636. 10 December 1997 No. 1636.

KANTOOR VAN DIE PRESIDENT 10 Desember 1997

It is hereby notified that the President has assented to the following Act which is hereby published for general information:— No. 80 of 1997: Magistrates’ Courts Second Amendment Act, 1997,

Hierby w o r d b e k e n d gemaak dat die President sy goedkeuring geheg het aan die onderstaande Wet vat hierby ter al.gemene inligting gepubliseer word:— No, 80 van 1997: Tweede Wysigingswet op Landdroshowe. 1997.

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No. [ 8496

GOVERNMENT GAZETTE. 10 DECEMBER 1997 MAGISTRATES’ COURTS SECOND AMENDMENT ACT. 1997

Act No. 80, 1997

GENERAL EXPLANATORY NOTE: Words underlined with a solid line indicate insertions in existing enactments.

ACT
To amend the Magistrates’ Courts Act, 1944, so as to further regulate the power of a magistrates’ court to pronounce on the validity of any law or conduct of the President; to amend the Magistrates’ Courts Amendment Act, 1993, so as to repeal an obsolete provision; and to provide for matters connected therewith.

(Afrikatms te.rt signed by the President. ) (Asserlted to 26 h’ovember 1997. )

B

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

Substitution of section 110 of Act 32 of 1944, as substituted by section 20 of Act 53 of 1970 1. The following section is hereby substituted for section 110 of the Magistrates’ 5 Act. 194-4: “Pronouncements on validity of law or conduct of President 110. ( 1 ) A court shall not be competent to pronounce on the validity of any law or conduct of the President. 10 (2) If in any proceedings before a court it is alleged that— (a) any law or any conduct of the President is invalid on the grounds of its inconsistency with a provision of the Constitution: or (b) any law is invalid on any ground.other than its constitutionality, the court shall decide the matter on the assumption that such law or conduct is valid: Provided that the party which alleges that a law or conduct of the 15 President is invalid, may adduce evidence regarding the invalidity of the law or conduct in question.”. Repeal of section 66 of Act 120 of 1993 2. Section 66 of the Magistrates’ Courts Amendment Act. 1993, is hereby repealed. Short title 3. This Act shall be cdied the Magistrates’ Courts Second Amenument Act. 1997. ‘)0

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