Promotion of Administrative Justice Amendment Act, 2002
(English text signed by the President.)
(Assented to 30 January 2003.)
To amend the Promotion of Administrative Justice Act, 2000, so as to amend a definition and to provide for the training of presiding officers in the magistrates' courts for purposes of the Act; and to provide for matters connected therewith.
Be it enacted by the Parliament of the Republic of South Africa, as follows:―
Amendment of section 1 of Act 3 of 2000
Insertion of section 9A in Act 3 of 2000
2. The following section is hereby inserted after section 9 of the Promotion of Administrative Justice Act, 2000:
“Designation and training of presiding officers
9A. (1) (a) The head of an administrative region defined in section 1 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), must, subject to subsection (2), designate in writing any magistrate or additional magistrate as a presiding officer of the Magistrate's Court designated by the Minister in terms of section 1 of this Act.
(b) A presiding officer must perform the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law.
(2) Only a magistrate or additional magistrate who has completed a training course—
and whose name has been included on the list contemplated in subsection (4)(a), may be designated in terms of subsection (1).
(3) The heads of administrative regions must—
(4) The Director-General: Justice and Constitutional Development must compile and keep a list of every magistrate or additional magistrate who has—
(5) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.
(6) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (5).
(7) The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (5) and (6).”.
3. This Act is called the Promotion of Administrative Justice Amendment Act, 2002.