Page:Superior Courts Act 2013.pdf/3



AND section 180 of the Constitution provides that national legislation may provide for any matter concerning the administration of justice that is not dealt with in the Constitution;

AND item 16(6)(a) of Schedule 6 to the Constitution provides that as soon as practical after the Constitution took effect all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the Constitution;

NOTING FURTHER that, with the advent of the democratic constitutional dispensation in 1994, the Republic inherited a fragmented court structure and infrastructure which were largely derived from our colonial history and were subsequently further structured to serve the segregation objectives of the apartheid dispensation;

AND that, before the advent of the democratic constitutional dispensation in 1994, the Magistrates' Courts were not constitutionally recognised as part of the judicial authority and were largely dealt with as an extension of the public service;

AND that, since the Constitution provides that the judicial authority is vested in all the courts, it is desirable to provide for a uniform framework for judicial management, by the judiciary, of the judicial functions of all courts;

AND RECOGNIZING that the rationalisation envisaged by item 16(6)(a) of Schedule 6 to the Constitution is an on-going process that is likely to result in further legislative and other measures in order to establish a judicial system suited to the requirements of the Constitution,

ARLIAMENT of the Republic of South Africa enacts, as follows:—

Definitions

1. In this Act, unless the context otherwise indicates— “appeal” in Chapter 5, does not include an appeal in a matter regulated in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or in terms of any other criminal procedural law;

“business day” means a day that is not a public holiday, Saturday or Sunday;

“Constitution” means the Constitution of the Republic of South Africa, 1996;

“Department” means the Department responsible for the administration of justice;

“Director-General” means the Director-General of the Department;

“Division” means any Division of the High Court;

“full court”, in relation to any Division, means a Court consisting of three judges;

“head of court”, in relation to—

the Constitutional Court, means the Chief Justice;

the Supreme Court of Appeal, means the President of that Court;

any Division of the High Court, means the Judge President of that Division; and

any court of a status similar to the High Court, the most senior judge of such court;

“High Court” means the High Court of South Africa referred to in section 6(1);

“judicial officer” means any person referred to in section 174(1) of the Constitution;