Page:Superior Courts Act 2013.pdf/6



Magistrates' Court within that area of jurisdiction may be heard at the main seat of the Division;

the Judge President of that Division must compile a single court roll for that Division; and

the Judge President of that Division may assign all the judges of that Division within the Division as he or she deems fit.

(5) If a judge of one Division is to be temporarily assigned to another Division, such assignment must take place by way of an acting appointment in terms of section 175(2) of the Constitution.

(6) (a) Subject to paragraph (b), a Deputy Judge President of a Division must—

exercise such powers or perform such functions of the Judge President in terms of this or any other law as the latter may assign to him or her; and

in the absence of the Judge President of that Division, or if the office of the Judge President is vacant, exercise the powers or perform the functions of the Judge President, as the Acting Judge President of that Division.

(b) If more than one Deputy Judge President is appointed in respect of a Division, the most senior Deputy Judge President of that Division must exercise the powers or perform the functions of the Judge President in the circumstances referred to in paragraph (a)(ii).

(7) Whenever it appears to the Judge President of a Division that it is expedient or in the interests of justice to hold a sitting for the hearing of any matter at a place elsewhere than at the seat or a local seat of the Division, he or she may, after consultation with the Minister, hold such sitting at that place.

Circuit Courts

7. (1) The Judge President of a Division may by notice in the Gazette within the area under the jurisdiction of that Division establish circuit districts for the adjudication of civil or criminal matters, and may by like notice alter the boundaries of any such district.

(2) In each circuit district of a Division there must be held, at least twice a year and at such times and places as may be determined by the Judge President concerned, a court which must be presided over by a judge of that Division.

(3) A court referred to in subsection (2) is called a circuit court of the Division in question.

Judicial management of judicial functions

8. (1) For the purpose of any consultation regarding any matter referred to in this section, the Chief Justice may convene any forum of judicial officers that he or she deems appropriate.

(2) The Chief Justice, as the head of the judiciary as contemplated in section 165(6) of the Constitution, exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts.

(3) The Chief Justice may, subject to subsection (5), issue written protocols or directives, or give guidance or advice, to judicial officers—

in respect of norms and standards for the performance of the judicial functions as contemplated in subsection (6); and

regarding any matter affecting the dignity, accessibility, effectiveness, efficiency or functioning of the courts.

(4) (a) Any function or any power in terms of this section, vesting in the Chief Justice or any other head of court, may be delegated to any other judicial officer of the court in question.

(b) The management of the judicial functions of each court is the responsibility of the head of that court.

(c) Subject to subsections (2) and (3), the Judge President of a Division is also responsible for the co-ordination of the judicial functions of all Magistrates' Courts falling within the jurisdiction of that Division.