Judicial Matters Amendment Act 42 of 2013

The Judicial Matters Amendment Act 42 of 2013 aims:

to amend:

•  the Magistrates' Courts Act, 1944, so as:
  • to bring the Afrikaans text relating to causes of action over which magistrates' courts have jurisdiction in line with that of the English text;
  • to further regulate the jurisdiction of magistrates' courts in line with a decision of the Constitutional Court; 
• the Criminal Procedure Act, 1977, so as:
  • to effect certain textual corrections; 
  • to further regulate the provisions relating to the expungement of certain criminal records;  
• the Attorneys Act, 1979, so as:
  • to further regulate the constitution and the powers of the board of control of the Attorneys Fidelity Fund; 
• the Small Claims Courts Act, 1984, so as:
  • to further regulate the appointment of commissioners;
• the Judicial Service Commission Act, 1994, so as:
  • to allow the Chairperson of the Judicial Conduct Committee to delegate certain powers or functions to an acting Chairperson;
  • to further regulate the election of an acting Chairperson of the Judicial Conduct Committee;
  • to provide for the referral of a complaint to the Deputy Chief Justice;
  • to provide that the Minister may make regulations regarding witness fees;
  • to effect certain textual corrections; 
• the Criminal Law Amendment Act, 1997, so as:
  • to exclude persons under the age of 18 years from the operation of that Act; 
• the Promotion of Access to Information Act, 2000, so as:
  • to extend the time periods within which to bring court applications 
• the Children's Act, 2005, so as:
  • to allow for information in the National Child Protection Register to be made available in the case of applications for the expungement of certain criminal records; 
• the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, so as:
  • to effect certain textual corrections;
  • to allow for information in the National Register for Sex Offenders to be made available in the case of applications for the expungement of certain criminal records; and
  • to further regulate the issuing of directives by the National Director of Public Prosecutions; 
• the Child Justice Act, 2008, so as:
  • to further regulate the reporting of any injury sustained or severe psychological trauma suffered by a child while in police custody;
  • to further regulate the holding of preliminary inquiries;
  • to effect certain textual corrections;
  • to further regulate the automatic review of children in certain cases;
  • to further regulate the expungement of records of certain convictions of children; 
• the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, so as
  • to effect certain textual corrections; and
• to provide for matters connected therewith.

Commencement

• 22 January 2014
• Sections 10 and 11 commence on 1 April 2010
• Section 42 commences on 20 September 2010