Judicial Matters Amendment Act 66 of 2008

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66 of 2008

The Judicial Matters Amendment Act 66 of 2008 aims:

  • to amend the General Law Amendment Act, 1935, so as  to further regulate the concealment of birth of a newly born child;
  • to amend the Administration of Estates Act, 1965, so as to regulate the calculation of interest payable in respect of certain moneys paid into the Guardian's Fund and substitute obsolete terminology;
  • to amend the Medicines and Related Substances Act, 1965, so as to effect a technical correction in the Afrikaans text;
  • to amend the Criminal Procedure Act, 1977, so as:
    • to substitute obsolete references;
    • to further regulate the payment of admission of guilt fines;
    • to further regulate the release of an accused person on bail;
    • to further regulate the appointment of psychiatrists in cases involving the mental capacity of an accused person;
    • to provide for the prosecution of persons who commit offences while doing diplomatic duty outside of the Republic;
    • to further regulate the imposition of periodical imprisonment; and
    • to further regulate appeals in criminal proceedings from a magistrate's court to a High Court and from a High Court to the Supreme Court of Appeal;
  • to amend the Attorneys Act, 1979, so as:
    • to extend the category of persons entitled to engage candidate attorneys; and
    • to increase the fines that may be imposed on attorneys and candidate attorneys for improper conduct;
  • to amend the Admiralty Jurisdiction Act, 1983, so as to further regulate the form of proceedings relating to maritime claims;
  • to amend the Matrimonial Property Act, 1984, so as to remove a discriminatory provision;
  • to amend the Criminal Law Amendment Act, 1997, so as insert certain serious offences in Part I of Schedule 2;
  • to amend the Debt Collectors Act, 1998, so as:
    • to further regulate the appointment of members of the Council for Debt Collectors; 
    • to further regulate the number of the members of the executive committee of the Council for Debt Collectors;
    • to further regulate the trust accounts of debt collectors; and
    • to regulate the recusal of members of committees appointed to deal with disciplinary matters;
  • to amend the Promotion of Access to Information Act, 2000, so as:
    • to extend the period within which rules of procedure must be made; and
    • to further regulate the liability of persons exercising powers or performing duties in terms of the Act;
  • to amend the Promotion of Administrative Justice Act, 2000, so as:
    • to extend the period within which to make rules of procedure for judicial review;
    • to extend the period within which the code of good administrative conduct must be made; and
    • to effect a technical correction in the IsiXhosa text;
  • to amend the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, so as further regulate the remuneration and allowances payable to members of the Equality Review Committee;
  • to amend the Judges' Remuneration and Conditions of Employment Act, 2001, so as to further regulate the service of judges after discharge from active service;
  • to amend the Prevention and Combating of Corrupt Activities Act, 2004, so as to further regulate penalties;
  • to amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, so as:
    • to extend the period within which the National Register for Sex Offenders must be established;
    • to extend the period within which the National Commissioner of Correctional Services, the National Commissioner of the South African Police Service and the Director-General: Health must forward particulars in their possession to the Registrar of the National Register for Sex Offenders;
    • to extend the period within which the Minister for Justice and Constitutional Development must adopt and table the policy framework relating to sexual offences, in Parliament; and
  • to provide for matters connected therewith.

Commencement

  • 17 February 2009, except Sections 5, 6, 7, 8, 10, 13, 14, 15, 16, 17, 25, 26 and 39
  • 10 September 2010, Sections 10 and 13 to 16  (Gazette 33550 of 10 September 2010)
  • 1 December 2009, Section 26 insofar as it amends paragraphs (a) to (c) and inserts paragraph (d) in Section 23 of the Debt Collectors Act 114 of 1998 (Gazette 32750 of 27 November 2009)

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