Judicial Matters Amendment Act 34 of 1998

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34 of 1998

The Judicial Matters Amendment Act 34 of 1998 intends:

  • to amend the Insolvency Act, 1936, so as to further regulate the obtaining of legal assistance by the trustee of an insolvent estate;
  • to amend the Prevention of Counterfeiting of Currency Act, 1965, so as to make the possession of counterfeit coins or forged or altered bank notes punishable in law;
  • to amend the Criminal Procedure Act, 1977, so as
    • to effect certain textual improvements;
    • to further regulate the proof of certain facts by means of affidavits or certificates; and
    • to provide that an accused may in certain circumstances be sentenced by a judge other than the judge who convicted him or her;
  • to amend the Criminal Law Second Amendment Act, 1992, so as to prohibit certain acts connected with military, paramilitary or similar operations and weapons, ammunition, explosives or other explosive devices;
  • to amend the Interception and Monitoring Prohibition Act, 1992 [repealed in 2005], so as
    • to make provision in connection with the monitoring of communications; and
    • to make further provision in connection with the issue and execution of directions;
  • to amend the Recognition of Foreign Legal Qualifications and Practice Act, 1993 [repealed in 2018], so as to make other provision in connection with the duration of the said Act;
  • to amend the Promotion of National Unity and Reconciliation Act, 1995, so as to effect a textual adjustment;
  • to amend the Justice Laws Rationalisation Act, 1996, so as to effect certain textual improvements;
  • to amend the Proceeds of Crime Act, 1996 [repealed in 1999], so as to effect a textual improvement;
  • to amend the Criminal Procedure Second Amendment Act, 1997, so as to effect certain textual improvements; and
  • to amend the Criminal Law Amendment Act, 1997, so as to further regulate the setting aside of sentences of death; and
  • to provide for matters connected therewith.

Commencement

  • 1 April 1999, Section 11 in so far as it inserts Section 16B in the Criminal Law Second Amendment Act 126 of 1992  (Gazette 19691 of 15 January 1999) 
  • 31 March 1999, Section 1 (Gazette 19915 of 31 March 1999) 
  • 15 January 1999, Sections 2, 6, 7, 11 except in so far as it inserts Section 16B in the Criminal Law Second Amendment Act 126 of 1992, 12 to 18 and 20 (Gazette 19691 of 15 January 1999) 
  • 19 December 1997, Section 25 
  • 10 December 1997, Sections 23 and 24 
  • 16 May 1997, Section 22 
  • 1 April 1997, Section 21 
  • 1 October 1993, Sections 3 to 5 and 8 to 10 and 19 date of commencement of the Criminal Procedure Second Amendment Act 85 of 1997

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