Page:Superior Courts Act 2013.pdf/4

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“Judicial Service Commission” means the Judicial Service Commission referred to in section 178 of the Constitution;

“Magistrates' Court” means any court established in terms of section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944);

“Minister” means the Cabinet member responsible for the administration of justice;

“plaintiff” includes any applicant or other party who seeks relief in civil proceedings;

“prescribed” means prescribed by regulation made in terms of this Act;

“President” means the President of the Republic of South Africa;

“registrar” means the registrar of the Constitutional Court, the Supreme Court of Appeal or any Division of the High Court, as the case may be, and includes an assistant registrar;

“rules” means the applicable rules of court;

“Rules Board” means the Rules Board for Courts of Law, established by the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985);

“Secretary-General” means the head of the Office of the Chief Justice, referred to in Column 2 of Schedule 1 to the Public Service Act, 1994 (Proclamation No. 103 of 1994);

“Superior Court” means the Constitutional Court, the Supreme Court of Appeal, the High Court and any court of a status similar to the High Court;

“this Act” includes any regulation.

Objects and interpretation of Act

2. (1) The objects of this Act are—

(a)

to consolidate and rationalise the laws pertaining to Superior Courts as contemplated in item 16(6) of Schedule 6 to the Constitution;

(b)

to bring the structure of the Superior Courts in line with the provisions of Chapter 8 and the transformation imperatives of the Constitution; and

(c)

to make provision for the administration of the judicial functions of all courts, including governance issues, over which the Chief Justice exercises responsibility.

(2) This Act must be read in conjunction with Chapter 8 of the Constitution, which contains the founding provisions for the structure and jurisdiction of the Superior Courts, the appointment of judges of the Superior Courts and matters related to the Superior Courts.

(3) The provisions of this Act relating to Superior Courts other than the Constitutional Court, the Supreme Court of Appeal or the High Court of South Africa, are complementary to any specific legislation pertaining to such Courts, but in the event of a conflict between this Act and such legislation, such legislation must prevail.

Introduction of legislation dealing with court structures

3. The Minister must be consulted prior to the introduction in Parliament, by a person other than the Minister, of any bill—

(a)

providing for the establishment of any court of law;

(b)

providing for the establishment of any tribunal contemplated in section 34 of the Constitution;

(c)

that amends the structure or functions of any court of law or tribunal referred to in paragraph (a) or (b); or

(d)

that assigns functions to judicial officers, other than in terms of this Act.

Chapter 2

Constitutional Court, Supreme Court of Appeal and High Court of South Africa

Constitution and seat of Constitutional Court

4. (1) (a) The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice of South Africa and nine other judges of the Constitutional Court.

(b) The seat of the Constitutional Court is in Johannesburg, but whenever it appears to the Chief Justice that it is expedient or in the interests of justice to hold its sitting for the hearing of any matter at a place elsewhere than at the seat of the Court, it may hold such sitting at that place.