Judicial Matters Amendment Act 42 of 2001

The Judicial Matters Amendment Act 42 of 2001 intends:

• to amend the Administration Amendment Act, 1929 [repealed in August 2010], so as to further regulate the jurisdiction of the Divorce Courts;
• to amend the Insolvency Act, 1936, so as to further regulate the jurisdiction of the High Court;
• to amend the Extradition Act, 1962, so as to provide that the law of speciality applies in cases of surrender in terms of a designation;
• to amend the South African Law Commission Act, 1973, so as to bring the appointment of a member of the judiciary as chairperson of the South African Law Commission into line with the court structure as provided for in the Constitution;
• to amend the Criminal Procedure Act, 1977, so as:
  • to provide for the release or amendment of bail conditions of an accused on account of prison conditions;
  • to further regulate the referral of an accused in order to inquire into his or her capacity to understand criminal proceedings or regarding the criminal responsibility of an accused concerning the offence with which he or she is charged;
• to amend the Rules Board for Courts of Law Act, 1985, so as to bring the designation of a member of the judiciary as chairperson or vice-chairperson of the Rules Board for Courts of Law into line with the court structure as provided for in the Constitution;
• to amend the Sheriffs Act, 1986, so as to further regulate the constitution of the Board for Sheriffs;
• to amend the General Law Third Amendment Act, 1993, so as to repeal an obsolete provision;
• to amend the General Law Fourth Amendment Act, 1993, so as to repeal obsolete provisions;
• to amend the General Law Sixth Amendment Act, 1993, so as to repeal an obsolete provision;
• to amend the Hague Convention on the Civil Aspects of International Child Abduction Act, 1996, so as to effect a textual correction;
• to amend the Criminal Law Amendment Act, 1997, in order to regulate the period of operation of sections 52A and 52B;
• to amend the National Prosecuting Authority Act, 1998, in order to regulate certain executive functions of the Minister;
• to amend the Maintenance Act, 1998, so as to provide that any maintenance or related order may be enforced by a maintenance court other than the court where such order was made;
• to amend the Recognition of Customary Marriages Act, 1998, so as to substitute a definition;
• to amend the Promotion of Access to Information Act, 2000, so as to effect certain textual corrections;
• to amend the Promotion of Administrative Justice Act, 2000, so as to effect a textual correction;
• to amend the Cross-Border Insolvency Act, 2000, so as to repeal a provision; and
• to provide for matters connected therewith.

Commencement

4 February 1997, 7 December 2001 and a date to be proclaimed