Superior Courts Act, 2013

Superior Courts Act, 2013
Parliament of South Africa
Act 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.
Citation Act No. 10 of 2013
Territorial extent Republic of South Africa
Enacted by National Assembly
Date passed 22 November 2012
Enacted by National Council of Provinces
Date passed 14 May 2013
Date assented to 12 August 2013
Date commenced 23 August 2013
Administered by Department of Justice and Constitutional Development
Legislative history
Bill introduced in the National Assembly Superior Courts Bill
Bill citation B7—2011
Bill published on 2 June 2011
Introduced by Jeff Radebe, Minister of Justice and Constitutional Development
Related legislation
Constitution Seventeenth Amendment Act of 2012
Status: In force

The Superior Courts Act, 2013 (Act No. 10 of 2013) is an act of the Parliament of South Africa that restructured the court system. It reorganised the various High Courts into a single High Court of South Africa, with a division situated in each province, including two new divisions to serve Limpopo and Mpumalanga. It rationalised and consolidated the laws governing the superior courts (the Constitutional Court, the Supreme Court of Appeal and the High Court), and altered the administration and financial management of the courts. The act was signed into law on 12 August 2013,[1] and came into force on 23 August.[2] It is associated with the Constitution Seventeenth Amendment Act of 2012, which makes corresponding necessary changes to the Constitution.

History

Transitional provisions in the 1996 Constitution require that the court system be rationalised to suit the new constitution "as soon as practical". The Superior Courts Bill was first introduced in 2003,[3] but it was opposed by members of the judiciary and the legal profession, as well as by opposition politicians, because they claimed that it weakened the independence of the judiciary by putting the administration of the courts under the control of the Minister of Justice.[4][5] The bill was ultimately allowed to lapse in 2009.[3] In the meantime, the "Interim Rationalisation of Jurisdiction of High Courts Act" and the "Renaming of High Courts Act" were passed to allow the High Courts to be renamed and their areas of jurisdiction to be altered.

The Superior Courts Bill was reintroduced in 2010, but this new version made the Chief Justice, rather than the Minister of Justice, responsible for the administration of the courts, allaying the fears about judicial independence.[5][6] The new version of the bill was supported by the official opposition Democratic Alliance.[6] The bill did encounter substantial opposition from interested parties in Grahamstown, because it originally proposed that the main seat of the Eastern Cape Division should be moved to Bhisho; this change was ultimately reversed and the main seat will remain at Grahamstown.[7]

The bill was passed by the National Assembly on 22 November 2012[6] and by the National Council of Provinces on 14 May 2013.[8] It was signed into law by President Jacob Zuma on 12 August 2013,[1] and brought into force by presidential proclamation on 23 August.

Provisions

The act restructured the High Courts into Divisions of a single High Court as described in the following table. In each division, if there was more than one existing court, one became the main seat with jurisdiction over the whole province, and the others became local seats with jurisdiction over a restricted area.

Previous court New division
Eastern Cape High Court, Bhisho Eastern Cape Division
(main seat at Grahamstown)
Eastern Cape High Court, Grahamstown
Eastern Cape High Court, Mthatha
Eastern Cape High Court, Port Elizabeth
Free State High Court, Bloemfontein Free State Division
North Gauteng High Court, Pretoria Gauteng Division
(main seat at Pretoria)
South Gauteng High Court, Johannesburg
KwaZulu-Natal High Court, Durban KwaZulu-Natal Division
(main seat at Pietermaritzburg)
KwaZulu-Natal High Court, Pietermaritzburg
New court to be created at Polokwane Limpopo Division
(main seat at Polokwane)
Limpopo High Court, Thohoyandou
New court to be created at Nelspruit Mpumalanga Division
Northern Cape High Court, Kimberley Northern Cape Division
North West High Court, Mahikeng North West Division
Western Cape High Court, Cape Town Western Cape Division

Until the new courts are created at Polokwane and Nelspruit, the Gauteng Division at Pretoria also serves as the Limpopo and Mpumalanga Divisions.

References

  1. 1 2 "Zuma signs new court bill". News24. Sapa. 13 August 2013. Retrieved 13 August 2013.
  2. ↑ "Zuma signs law on courts". News24. SAPA. 23 August 2013. Retrieved 25 August 2013.
  3. 1 2 "New Superior Courts Bill to be Tabled in Parliament". SabinetLaw. 5 January 2011. Retrieved 13 August 2013.
  4. ↑ Mfengwana, Tando (2 July 2007). "DA slams Superior Courts Bill". Bush Radio. Retrieved 13 August 2013.
  5. 1 2 "Cabinet approves new-look Superior Courts Bill". South African Government News Agency. 20 May 2010. Retrieved 13 August 2013.
  6. 1 2 3 Hartley, Wyndham (23 November 2012). "Courts bill 'a shield from political influence'". Business Day. Retrieved 13 August 2013.
  7. ↑ King, Caroline (24 March 2011). "Grahamstown to keep High Court". Grocott's Mail. Retrieved 13 August 2013.
  8. ↑ "Human Trafficking, Superior Courts Bills get NCOP approval". Legalbrief. Retrieved 13 August 2013.
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