Page:Superior Courts Act 2013.pdf/2



'''GENERAL EXPLANATORY NOTE

(English text signed by the President.) (Assented to 12 August 2013.)

To rationalise, consolidate and amend the laws relating to the Constitutional Court, the Supreme Court of Appeal and the High Court of South Africa; to make provision for the administration of the judicial functions of all courts; to make provision for administrative and budgetary matters relating to the Superior Courts; and to provide for matters incidental thereto.

PREAMBLE

NOTING THAT section 1 of the Constitution of the Republic of South Africa, 1996, provides that the supremacy of the Constitution and the rule of law form part of the founding values of the Republic;

AND section 165 of the Constitution provides that—

the judicial authority of the Republic is vested in the courts;

the courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice;

no person or organ of state may interfere with the functioning of the courts;

organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts;

an order or decision by a court binds all persons to whom and all organs of state to which it applies; and

the Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts;

AND section 166 of the Constitution provides that the courts are—

the Constitutional Court;

the Supreme Court of Appeal;

the High Court of South Africa;

the Magistrates' Courts; and

any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either the High Court or the Magistrates' Courts;

AND section 171 of the Constitution provides that all courts function in terms of national legislation, and their rules and procedures must be provided for in terms of national legislation;