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(MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT)

[B 52- 2003]

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GENERAL EXPLANATORY NOTE:

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B I L L

WHEREAS section 1 of the Constitution of the Republic of South Africa, 1996, provides that the supremacy of the Constitution and the rule of law form part of the founding values of the Republic;

AND WHEREAS section 165 of the Constitution provides that—

1. the judicial authority of the Republic is vested in the courts;
2. the courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice;
3. no person or organ of state may interfere with the functioning of the courts;
4. organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts;
5. an order or decision by a court binds all persons to whom and all organs of state to which it applies;
6. the Chief Justice is the head of the judicial authority and exercises responsibility over the development and implementation of norms and standards for the exercise of the judicial functions of all courts; and
7. the Cabinet member responsible for the administration of justice exercises final responsibility over the administration and budget of all courts;

AND WHEREAS section 166 of the Constitution provides that the courts are—

1. the Constitutional Court;
2. the Supreme Court of Appeal;
3. the High Court of South Africa;
4. the magistrates courts; and
5. any other court established or recognised in terms of an Act of Parliament;

AND WHEREAS section 171 of the Constitution provides that all courts function in terms of national legislation, and their rules and procedures must be provided for in terms of national legislation;

AND WHEREAS section 180 of the Constitution provides that national legislation may provide for any matter concerning the administration of justice that is not dealt with in the Constitution;

AND WHEREAS item 16(6)(a) of Schedule 6 to the Constitution provides that as soon as practical after the Constitution took effect all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the Constitution;

AND NOTING that, with the advent of the new constitutional dispensation in 1994, the Republic inherited a fragmented court structure and infrastructure, which were largely derived from our colonial history and were subsequently further structured to serve the segregation objectives of the apartheid dispensation;

AND NOTING that, before the advent of the new constitutional dispensation in 1994, the lower courts were not constitutionally recognised as part of the judicial authority and were largely dealt with as an extension of the public service;

AND NOTING that, since the Constitution provides that the judicial authority is vested in all the courts, it is desirable to provide for a uniform framework for judicial management of the judicial functions of all courts, subject to the final responsibility of the Chief Justice;

AND NOTING that, since the Constitution provides that the Cabinet member responsible for the administration of justice exercises final responsibility over the administrative functions, including the budget, of all courts, it is desirable that such administrative functions be administered through a uniform framework in respect of all courts;

AND RECOGNISING that the rationalisation envisaged by item 16(6)(a) of Schedule 6 to the Constitution is an on-going process that is likely to result in further legislative and other measures in order to establish a judicial system suited to the requirements of the Constitution,

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

CHAPTER 1

1. Definitions

2. Objects and interpretation of Act

3. Introduction of legislation dealing with court structures

CHAPTER 2

4. Constitution and seat of Constitutional Court

5. Constitution and seat of Supreme Court of Appeal

6. Constitution of High Court of South Africa

7. Constitution and seats of General Divisions

8. Constitution and seats of Special Divisions

9. Circuit Courts

10. Appointment, remuneration and tenure of office of judges, acting judges and special members

CHAPTER 3

Part 1

11. Judicial administration of judicial functions

12. Establishment and composition of Office of Chief Justice

13. Functions of Office of Chief Justice

14. Access to courts, recess periods of Superior Courts and attendance at courts

Part 2

15. Finances and accountability

16. Appointment of officers and staff of Superior Courts

CHAPTER 4

17. Manner of arriving at decisions by Constitutional Court

18. Manner of arriving at decisions by Supreme Court of Appeal

19. Manner of arriving at decisions by General Divisions

20. Manner of arriving at decisions by Competition Appeals Special Division

21. Manner of arriving at decisions by Electoral Matters Special Division

22. Manner of arriving at decisions by Income Tax Special Division

23. Manner of arriving at decisions by Land Claims Special Division

24. List of judges in labour matters

CHAPTER 5

25. Referral of order of constitutional invalidity to constitutional court

26. Appeals generally

27. Leave to appeal

28. Suspension of decision pending appeal

29. Powers of court on hearing appeals

30. Settlement of conflicting decisions in civil cases

CHAPTER 6

31. Persons over whom and matters in relation to which General Divisions have jurisdiction

32. Jurisdiction of Special Divisions

33. Grounds of review of proceedings of lower courts

34. Judgment by default

35. Time allowed for appearance

36. Circumstances in which security for costs shall not be required

37. Disposal of records and execution of judgments of Circuit Courts

38. Removal of proceedings from one Division to another

39. Prohibition on attachment to found jurisdiction or arrest where defendant resides within the Republic

CHAPTER 7

40. Definitions

41. Minister may make rules

42. Establishment, composition and functions of Advisory Board for Rules of Court

43. Meetings of Board

44. Committees of Board

45. Executive committee

46. Subcommittee on Rules for Labour Matters

47. Reports of Board

48. Remuneration and expenses of members of Board

CHAPTER 8

Part 1

49. Nature of courts and seals

50. Proceedings to be carried on in open court

51. More than one court may sit at a time

Part 2

52. Certified copies of court records admissible as evidence

53. Manner of securing attendance of witness or production of any document or thing in proceedings and penalties for failure

54. Manner in which witness may be dealt with on refusal to give evidence or produce documents

55. Witness fees

56. Reference of particular matters for investigation by referee

57. Examination by interrogatories

58. Manner of dealing with commissions rogatoire, letters of request and documents for service originating from foreign courts

59. Court may order removal of certain persons

Part 3

60. Scope and execution of process

61. Execution of process by sheriff

62. Transmission of summonses, writs and other process and of notice of issue thereof

63. Property not liable to be seized in execution

64. Offences relating to execution

65. Institution of civil proceedings against judge

66. Regulations

CHAPTER 9

67. Existing High Courts

68. Labour Court and Labour Appeal Court

69. Transitional arrangement: Special Divisions

70. Transitional arrangement: Appeals to full bench of same Division

71. Rules and Rules Board

72. Pending proceedings

73. References in other laws

74. Repeal and amendment of laws

75. Short title and commencement

SCHEDULE 1: General Divisions of the High Court, seats and jurisdiction

SCHEDULE 2: Appointment of Special Members

SCHEDULE 3: Laws repealed

SCHEDULE 4: Laws amended

1. In this Act, unless the context otherwise indicates—

"Board" means the Advisory Board for Rules of Court established by section 42(1);

"business day" means a day that—

(i) is not a public holiday, Saturday, or Sunday; and

(ii) does not fall during a recess period of a Superior Court, as determined in terms of section X;

"civil case" includes any labour matter and any matter falling within the jurisdiction of a Special Division, and "civil proceeding" has a corresponding meaning;

"Commissioner" means the Commissioner for the South African Revenue Service referred to in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962);

"Constitution" means the Constitution of the Republic of South Africa, 1996;

"Department" means the Department responsible for the administration of justice;

"Director-General" means the Director-General of the Department;

"Division" means any General or Special Division of the High Court of South Africa, and includes any seat of a Division;

"full court", in relation to any Division, means a Court consisting of three judges;

"General Division" means a General Division of the High Court referred to in section 6(1);

(iii) any Division of the High Court, means the Judge President of that Division;

"High Court" means the High Court of South Africa;

"Judicial Service Commission" means the Judicial Service Commission referred to in section 178 of the Constitution;

"judicial officer" means any person referred to in section 174(1) of the Constitution;

"labour matter" means any justiciable matter, excluding any criminal proceedings, arising out of the application of—

(c) the Unemployment Insurance Act, 1966 (Act No. 30 of 1966);

(d) the Skills Development Act, 1998 (Act No. 97 of 1998);

(e) the Employment Equity Act, 1998 (Act No. 55 of 1998);

(f) the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);

"lower court" means any court which is lower in status than the High Court and which is required to keep a record of its proceedings;

"Minister" means the Cabinet member responsible for the administration of justice;

"NEDLAC" means the National Economic Development and Labour Council established by section 2 of the National Economic, Development and Labour Council Act, 1994 (Act No 35 of 1994);

"plaintiff" includes any applicant or other party who seeks relief in civil proceedings;

"prescribed" means determined by regulation in terms of this Act;

"President" means the President of the Republic of South Africa;

"registrar" means the registrar of the Constitutional Court, the Supreme Court of Appeal or any Division of the High Court, as the case may be, and includes an assistant registrar;

"rules" means rules made under section 41;

"Special Division" means a Special Division of the High Court referred to in section 6(2);

"special member" means a special member of a Special Division referred to in section 8(3);

"Superior Court" means the Constitutional Court, the Supreme Court of Appeal and any Division of the High Court.

2. (1) The objects of this Act are—

(2) This Act must be read in conjunction with Chapter 8 of the Constitution, which contains the founding provisions for the structure and jurisdiction of the Superior Courts, for the appointment of judges of the Superior Courts and matters related to the Superior Courts.

3. Draft legislation providing for the establishment of any court of law, or any tribunal contemplated in section 34 of the Constitution, may be introduced in Parliament by the Minister only.

4. (1) (a) The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice of South Africa and nine other judges of the Constitutional Court.

(b) The seat of the Constitutional Court is in Johannesburg, but whenever it appears to the Chief Justice in consultation with the Minister that it is expedient to hold its sitting for the hearing of any matter at a place elsewhere than at the seat of the Court, it may hold such sitting at that place.

(2) The Deputy Chief Justice must—

5. (1) (a) The Supreme Court of Appeal consists of—

(i) the President of the Supreme Court of Appeal;

(ii) two Deputy Presidents of the Supreme Court of Appeal;

and

(iii) so many other judges as may from time to time be determined in accordance with the prescribed criteria, and approved by the President.

(b) Subject to section 9(1), the seat of the Supreme Court of Appeal is in Bloemfontein, but whenever it appears to the President of the Supreme Court of Appeal, in consultation with the Minister, that it is expedient to hold its sitting for the hearing of any matter at a place elsewhere than at the seat of the Court, it may hold such sitting at that place.

(2) A Deputy President of the Supreme Court of Appeal must—

(a) exercise such powers or perform such functions of the President of the Supreme Court of Appeal in terms of this or any other law as he or she may assign to him or her; and

(b) in the absence of the President of the Supreme Court of Appeal, or if the office of President of the Supreme Court of Appeal is vacant, a Deputy President of the Supreme Court of Appeal, designated by the President, perform the functions of the President of the Supreme Court of Appeal, as Acting President of the Supreme Court of Appeal.

(3) (a) The President, after consultation with the Chief Justice and the Minister, must designate one of the Deputy Presidents of the Supreme Court of Appeal as being mainly responsible for assisting the President of the Supreme Court of Appeal with managing appeals in regard to labour matters.

(b) The President must, before designating the Deputy President referred to in paragraph (a), also consult with NEDLAC.

6. The High Court of South Africa consists of the General and Special Divisions referred to in sections 7 and 8.

7. (1) The General Divisions of the High Court are:

(f) Northern Cape General Division.

(h) North West General Division.

(2) Each General Division of the High Court—

(3) Subject to subsection (4)—

(a) the area of jurisdiction of a General Division is as set out in Schedule 1; and

(b) the area under the jurisdiction of a General Division may comprise more than one or any part of more than one province.

(4) (a) If a General Division has a main seat only, the area of original and appeal jurisdiction of that Division comprises the whole area of jurisdiction as set out in Schedule 1.

(b) If a General Division has a main seat and one or more local seats—

(i) subject to paragraph (c), the area of original jurisdiction of each seat in that Division comprises the area of jurisdiction of that seat as set out in Schedule 1;

(ii) the main seat of that Division has concurrent appeal jurisdiction over the area of jurisdiction of any local seat of that Division;

(iii) the Judge President of that Division must compile a single court roll for that Division; and

(iv) the Judge President of that Division may deploy all the judges of that Division within the Division as he or she deems fit.

(c) Notwithstanding paragraph (b)(i), but subject to section 38, in the event of any uncertainty regarding which seat in a General Division has original jurisdiction in a particular matter, such a matter may be instituted in any seat in that Division which may have original jurisdiction.

(5) (a) Notwithstanding any provision of Schedule 1, the Northern Gauteng and Southern Gauteng General Divisions have concurrent jurisdiction in respect of the magisterial district of Randburg.

(b) Paragraph (a) shall lapse two years after this subsection comes into operation.

General Division, such deployment must take place by way of an acting appointment in terms of section 175(2) of the Constitution.

(7) (a) Subject to paragraph (b), a Deputy Judge President of a Division must—

(b) If more than one Deputy Judge President is appointed in respect of a Division, the President must, after consultation with the Minister and the Chief Justice, designate one Deputy Judge President, as Acting Judge President of that Division, who must perform the functions of the Judge President in the circumstances contemplated in paragraph (a)(ii).

(8) Subject to section 9(1), the main and local seats of each General Division is as set out in Schedule 1, but whenever it appears to the Judge President of a General Division that it is expedient to hold a sitting for the hearing of any matter at a place elsewhere than at the seat of the Court, he or she may, in consultation with the Minister, hold such sitting at that place.

(2) A Special Division—

(a) has jurisdiction throughout the territory of the Republic; and

(b) may, whenever it appears to the Judge President concerned, in consultation with the Minister, that it is expedient to hold sittings for the hearing of any matter at a place elsewhere than a seat of the Division, hold such sitting at that place.

(3) (a) The Competition Appeals Special Division consists of three or more judges of General Divisions, as the President may from time to time determine, designated by the President after consultation with the Chief Justice and the Minister, one of whom must be designated as the Judge President.

(b) The Electoral Matters Special Division consists of—

(i) a judge of the Supreme Court of Appeal, designated by the President after consultation with the Chief Justice and the Minister, as the Judge President;

(c) The Income Tax Special Division consists of—

(d) The Land Claims Special Division consists of three or more judges of General Divisions, designated by the President after consultation with the Chief Justice and the Minister, one of whom must be designated as the Judge President.

9. (1) The President of the Supreme Court of Appeal must, in consultation with the Minister, by notice in the Gazette establish at least three circuit districts for the Court, called the Northern, Central and Southern districts, for the hearing of civil or criminal appeals emanating from the areas of jurisdiction of those districts, and may from time to time by like notice add to or alter such districts.

(2) The Supreme Court of Appeal must at least twice a year and at such times and places as may be determined by the President of the Supreme Court of Appeal, hear appeals in each district referred to in subsection (1).

(3) The Judge President of a General Division may by notice in the Gazette within the area under the jurisdiction of that Division establish circuit districts for the adjudication of civil or criminal matters, and may from time to time by like notice alter the boundaries of any such district.

(4) In each circuit district of a General Division there must be held at least twice a year and at such times and places as may be determined by the Judge President concerned, a court which must be presided over by a judge of that Division.

(5) A court referred to─

(a) in subsection (1), is called a circuit court of the Supreme Court of Appeal; and

(b) in subsection (4) is called a circuit court of the Division in question.

10. (1) Judges and acting judges of the Superior Courts are appointed in accordance with the provisions of the Constitution, and receive such remuneration as determined under the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001).

(a) Judge President of a Special Division; and

(b) judge of a Special Division,

may be appointed or designated by the President after consultation with the Chief Justice and the Minister for such fixed period as he or she determines at the time of the appointment or designation.

(3) Any person who has been appointed as an acting judge of a Superior Court, shall be deemed to have been so appointed also in respect of any period during which he or she is necessarily engaged in connection with the disposal of any proceedings—

(4) Any special member—

(b) must be paid such remuneration and allowances as the Minister may determine with the concurrence of the Cabinet member responsible for finance;

11. (1) For the purpose of any consultation regarding any matter referred to in this section, the Chief Justice may convene any forum of judicial officers that he or she deems appropriate, but at least a third of the membership of any such forum must be women.

(2) The Chief Justice, as the head of the judicial authority as contemplated in section 165(6) of the Constitution, exercises responsibility over the development and implementation of norms and standards for the exercise of the judicial functions of all courts, other than the adjudication of any matter before a court of law.

(3) The Chief Justice must, subject to subsection (5), issue written protocols or directives, or give guidance or advice, to judicial officers─

(b) regarding any matter affecting the—

(i) dignity;

(ii) accessibility; or

(iii) effectiveness, efficiency or functioning,

each judicial officer must comply with each such directive or protocol.

(4) (a) Any function or any power in terms of this section, vesting in the Chief Justice or any other head of court, may be delegated as many times as is deemed necessary, to any other judicial officer.

(b) Subject to subsections (2) and (3), the management of the judicial functions of each court is the responsibility of the head of the court, including the head of each lower court as contemplated in section 1 of the Magistrates Act, 1993 (Act No. 90 of 1993).

(c) Subject to subsections (2) and (3), the Judge President of a General Division is also responsible for the co-ordination of the judicial functions of all lower courts falling within the jurisdiction of that Division.

(5) Any written protocol or directive in terms of subsection (3)—

(a) may only be issued by the Chief Justice, if it enjoys the majority support of a forum convened in terms of subsection (1), which forum must include all the heads of Superior Courts; and

(b) must be published in the Gazette.

12. (1) There is an Office of the Chief Justice comprising an Executive Secretary to the Chief Justice and the number of other personnel as determined from time to time by the Minister after consultation with the Chief Justice.

(2) The Executive Secretary and other personnel are officers in the Department.

(3) (a) The Executive Secretary is appointed by the Minister in consultation with the Chief Justice and at a post level of at least a Chief Director in the Department.

(b) The other personnel are appointed by the Director-General in consultation with the Chief Justice or any person designated by the Chief Justice for that purpose.

13. (1) The Executive Secretary, under the control and direction of the Chief Justice or any judge designated by the Chief Justice, must subject to section 15—

(a) develop and maintain, in the Office of the Chief Justice, the capacity to—

(2) The other personnel of the Office of the Chief Justice must, under the control and direction of the Executive Secretary, assist the Executive Secretary in the performance of the functions referred to in subsection (1).

14. (1) All courts—

(a) must be open to the public every business day; and

(b) may conduct business on any Saturday, Sunday or any public holiday as may be required from time to time.

(2) Each Superior Court will recess during specified periods in—

(a) June and July;

(b) December and January; and

(c) any other period,

as may be determined by the Minister after consulting the Chief Justice and the forum referred to in section 11(1) and having regard to the workload of the courts, the public need for convenient access to the courts, and the interests of justice.

(3) The purpose of recess periods is to enable a judge of a Superior Court to do research and to attend to outstanding or prospective judicial functions as may be assigned to him or her by the head of court.

(4) During each recess period, the head of each Court must ensure that an adequate number of judges are available in that court to deal with any judicial functions that may be required, in the interests of justice, to be dealt with during that recess period.

(5) Subject to subsections (1) to (4), the head of each Superior Court is responsible to—

keep a register, in the prescribed manner and form, of vacation periods allocated to, or extraordinary absence approved for, a judge of that court.

keep a register, in the prescribed manner and form, of every vacation period allocated to, or extraordinary absence approved for, a judicial officer of that court.

(7) Vacation leave for judges of the Superior Courts must be provided for in terms of an Act of Parliament, but such provision must at least give a judge a choice between four weeks standard annual vacation leave, or a period of three and a half months for every period of four years' actual service completed by that judge.

15. (1) The Minister exercises authority over the administration and budget of all courts in accordance with section 165 (7) of the Constitution.

(2) Expenditure in connection with the administration and functioning of all courts envisaged in section 166 of the Constitution, and the Board, must be defrayed from moneys appropriated by Parliament for this purpose to the Departmental vote in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999).

(3) Monies appropriated by Parliament for this purpose—

(a) constitute earmarked funds on the Departmental vote; and

(b) may not be used by the Department for any other purpose without the approval of the Chief Justice and Treasury.

(4) Whenever an amount of monies referred to in subsection (3)(a) has been budgeted for the training of judicial officers, at least thirty per cent of such amount must be allocated for the training of women.

(5) The Minister must consult with the Chief Justice on the funds required for the administration and functioning of the Courts in the manner prescribed.

(6) Subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999), the Director-General of the Department—

16. (1) (a) The Minister must, after consultation with the head of the Court concerned, appoint for the Constitutional Court, the Supreme Court of Appeal and each Division—

(i) a court manager; and

(b) The Minister may, after consultation with the head of the Court concerned, appoint in respect any Court or Division referred to in paragraph (a)─

(i) one or more assistant court managers;

(c) The Minister must, after consultation with the Chairperson of the Board, appoint a Secretary of the Board and may appoint such other officers and employees as may be required for the performance by the Board of its functions.

(d) Any person appointed in terms of paragraph (a), (b) or (c) is in the employ of the Department and is subject to the laws governing the public service.

(e) A court manager is the senior executive officer of the court where he or she has been appointed, and under the control and direction of the Director General of the Department, is responsible for the performance of the administrative functions relating to that court and exercises administrative control over the persons referred to in paragraphs (a)(ii) and (b), and performs such other functions as agreed to from time to time by the Minister and the Chief Justice.

(2) Whenever by reason of absence or incapacity any court manager, registrar or assistant registrar is unable to carry out the functions of his or her office, or if his or her office becomes vacant, the Minister may after consultation with the head of the court concerned, authorise any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled.

(3) Any person appointed under subsection (1) may simultaneously hold more than one of the offices mentioned in that subsection.

(4) The Minister may delegate to an officer in the Department any of the powers vested in him or her by this section.

(5) Any of the powers or functions vested in the Minister or his or her delegate in terms of this section, must be exercised in accordance with a protocol prescribed by a regulation made under section 66.

17. (1) In accordance with section 167(2) of the Constitution, any matter before the Constitutional Court must be heard by at least eight judges.

(2) If, at any stage after a hearing has commenced, any judge of the Constitutional Court is absent or unable to perform his or her functions, or if a vacancy among the members of the court arises, and—

(a) the remaining members of the court are not less than eight in number—

(3) No judge may sit at the hearing of an appeal against a judgment or order given in a case which was heard before him or her.

18. (1) Proceedings of the Supreme Court of Appeal must ordinarily be presided over by five judges, but the President of the Supreme Court of Appeal may—

(2) (a) The majority of judges hearing any labour matter in the Supreme Court of Appeal must, for the purpose of that hearing, be judges whose names appear on the list of judges referred to in section 24.

(b) The court roll of the Supreme Court of Appeal must contain a separate portion dealing with all labour matters to be heard.

(c) If, during the course of the hearing of any matter which was not dealt with as referred to in paragraph (a), it becomes apparent that the matter concerned is or may be a labour matter and the names of the majority of judges hearing that matter do not appear on the list of judges referred to in section 24, the validity of the hearing or any ensuing judgment is not affected.

(3) The judgment of the majority of the judges presiding at proceedings before the Supreme Court of Appeal shall be the judgment of the court and where there is no judgment to which a majority of such judges agree, the hearing must be adjourned and commenced de novo before a new court constituted in such manner as the President of the Supreme Court of Appeal may determine.

(4) If at any stage after the hearing of an appeal has commenced a judge of the Supreme Court of Appeal is absent or unable to perform his or her functions, or if a vacancy among the members of the Court arises—

(5) Two or more judges of the Supreme Court of Appeal, designated by the President of the Supreme Court of Appeal, have jurisdiction to hear and determine applications for interlocutory relief, including applications for condonation and for leave to proceed in forma pauperis, in chambers.

(6) No judge may sit at the hearing of an appeal against a judgment or order given in a case which was heard before him or her.

19. (1) (a) Save as provided for in this Act or any other law, a General Division must be constituted before a single judge when sitting as a court of first instance for the hearing of any civil matter, but the Judge President or, in the absence of both the Judge President and the Deputy Judge President, the senior available judge, may at any time direct that any matter be heard by a full court consisting of not more than three judges, as he or she may determine.

(b) For the purpose of hearing any labour matter in a General Division—

(i) the judge hearing that labour matter; or

(ii) the majority of the judges hearing that labour matter,

as the case may be, must for the purpose of that hearing be a judge or judges whose names appear on the list of judges referred to in section 24.

(c) If, during the course of the hearing of any matter by a General Division, which was not dealt with as referred to in paragraph (b), it becomes apparent that the matter concerned is or may be a labour matter and—

(i) the name of the judge hearing that matter does not appear; or

(ii) the names of the majority of judges hearing that matter do not appear, on the list referred to in section 24, the validity of the hearing or any ensuing judgment is not affected.

(d) The court roll of a General Division must contain a separate portion dealing with all labour matters to be heard.

(e) A single judge of a General Division may, in consultation with the Judge President or, in the absence of both the Judge President and the Deputy Judge President, the senior available judge, at any time discontinue the hearing of any civil matter which is being heard before him or her and refer it for hearing to the full court of that Division as contemplated in paragraph (a).

(2) For the hearing of any criminal case as a court of first instance, a court of a General Division must be constituted in the manner prescribed in the applicable law relating to procedure in criminal matters.

(3) Except where it is in terms of any law required or permitted to be otherwise constituted, a court of a General Division must be constituted before two judges for the hearing of any civil or criminal appeal: Provided that the Judge President or, in the absence of both the Judge President and the Deputy Judge President, the senior available judge, may in the event of the judges hearing such appeal not being in agreement, at any time before a judgment is handed down in such appeal, direct that a third judge of that Division be added to hear that appeal.

(4) Save as otherwise provided for in this Act or any other law, the decision of the majority of the judges of a full court of a General Division is the decision of the court, and where the majority of the judges of any such court are not in agreement, the hearing must be adjourned and commenced de novo before a court consisting of three other judges.

(5) If at any stage during the hearing of any matter by a full court, any judge of such court is absent or unable to perform his or her functions, or if a vacancy among the members of the Court arises, that hearing must—

(6) The provisions of subsection (4) apply, with the changes required by the context, whenever in the circumstances set out in subsection (6) a hearing proceeds before two or more judges.

(7) During any recess period, one judge designated by the Judge President shall, notwithstanding anything contained in this Act or any other law, but subject to subsection (3), exercise all the powers, jurisdiction and authority of a General Division.

(8) No judge may sit at the hearing of an appeal against a judgment or order given in a case which was heard before him or her.

20. (1) The Judge President of the Competition Appeals Special Division must preside at proceedings of the Division or designate another judge of the Division to preside at particular proceedings of the Division.

(2) Subject to subsection (3), the Judge President must assign each matter before the Division to a court composed of three judges of the Division.

(3) The Judge President, or any other judge of the Division designated by the Judge President, may sit alone to consider an―

(a) appeal against a decision of an interlocutory nature, as prescribed by the rules;

(b) application concerning the determination or use of confidential information;

(c) application for leave to appeal, as prescribed by the rules;

(4) The decision of a judge sitting alone in terms of subsection (3), or of the majority of the judges hearing a particular matter, is the decision of the court.

21. (1) Subject to subsection (2), any matter before the Electoral Matters Special Division must be heard by a court composed of three judges and two special members of the Division.

(2) The Judge President, or any other judge of the Division designated by the Judge President, may sit alone to consider an appeal against a decision of an interlocutory nature, as prescribed by the rules.

(a) the remaining members of the court are not less than three in number—

22. (1) Subject to subsections (2) and (4), the Judge President of the Income Tax Special Division must assign each matter before the Division to a court composed of a judge as presiding officer, a special member who is an accountant and a special member who is a representative of the commercial community: Provided that—

(2) Any question as to whether a matter for decision involves a matter of fact or a matter of law, as contemplated in subsection (1)(c), shall be decided by the Judge President or judge of the court sitting alone.

(a) a judge sitting alone in terms of subsection (1)(c); or

(b) the majority of the members hearing a particular matter,

is the decision of the Court: Provided that a decision referred to in paragraph (b) must in all cases be supported by the judge in question.

(4) The Judge President of the Division may, where―

(a) the amount which is the subject of a dispute exceeds R50 million; or

direct that the court hearing that appeal consist of three judges of the Division and the special members contemplated in subsection (1).

(5) (a) If a special member of a court hearing a matter in terms of subsections (1) or (4) is unable to complete the proceedings in that matter, the matter must proceed before the judge or judges and the remaining special member.

(b) If the judge or both special members of a court hearing a matter in terms of subsection (1) is unable to complete the proceedings in that matter, the Judge President must terminate the proceedings before that court and constitute another court, which may include a judge or special member to whom the matter was originally assigned, to hear the matter de novo.

(c) If at any stage during the hearing of a matter in terms of subsection (4), one of the judges becomes unavailable to complete the proceedings in that matter, the hearing must proceed before the remaining judges and special members.

23. (1) (a) Save as otherwise provided for in this Act or the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994), a court of the Land Claims Special Division must be presided over by a single judge of the Division for the hearing of any matter, but the Judge President or, in the absence of the Judge President, the most senior available judge, may at any time direct that any matter be heard by a full court consisting of three judges.

(b) A single judge of the Division may, in consultation with the Judge President or, in the absence of the Judge President, the most senior available judge, at any time discontinue the hearing of any civil matter which is being heard before him or her and refer it for hearing to the full court of the Division as contemplated in paragraph (a).

(2) Judges of the Land Claims Special Division must be assisted at a hearing before any court of the Division by assessors in the circumstances prescribed by, and in accordance with, the provisions of section 28 of the Restitution of Land Rights Act, 1994.

(3) In the event of an equality of votes—

(4) If at any stage during the hearing of any matter where three judges are presiding, any judge of the court is absent or unable to perform his or her functions, or if a vacancy among the members of the Court arises, the hearing must proceed before the remaining members of the court: Provided that such members must include at least one judge.

(5) If at any stage during the hearing of any matter an assessor who is a

member of a court is unavailable to complete the hearing, the presiding judge may direct—

(a) that the hearing proceed before the remaining member or members of the court; or

24. (1) The Chief Justice must from time to time enter the names of judges of the Supreme Court of Appeal and the High Court on a list of judges for the hearing of labour matters, as contemplated in subsection (2).

(2) Any judge of the Supreme Court of Appeal or a Division of the Supreme Court may submit a written request to the Chief Justice to be placed on the list referred to in subsection (1).

(5) (a) The Minister must cause the list referred to in subsection (1), as well as any changes thereto, to be published in the Gazette.

(b) The list must first be published within six months after the date of the commencement of this section, and at least once a year thereafter.

Referral of order of constitutional invalidity to Constitutional Court

25. (1) (a) Whenever the Supreme Court of Appeal, a Division of the High Court or any competent court declares an Act of Parliament, a provincial Act or conduct of the President invalid as contemplated in section 172(2)(a) of the Constitution, that court must, in accordance with the applicable rules of court, refer the order of constitutional invalidity to the Constitutional Court for confirmation.

(b) Whenever any person or organ of state with a sufficient interest appeals or applies directly to the Constitutional Court to confirm or vary an order of constitutional invalidity by a court, as contemplated in section 172(2)(d) of the Constitution, the court must deal with the matter in accordance with the rules.

(2) If requested by the Chief Justice to do so, the Minister must appoint counsel to present argument to the Constitutional Court in respect of any matter referred to in subsection (1).

26. (1) Subject to section 25(1), the Constitution and any other law—

(2) (a) (i) When at the hearing of an appeal the issues are of such a nature that the decision sought will have no practical effect or result, the appeal may be dismissed on this ground alone.

(ii) Save under exceptional circumstances, the question whether the decision would have no practical effect or result is to be determined without reference to any consideration of costs.

(b) If at any time prior to the hearing of an appeal the President of the Supreme Court of Appeal or the Judge President, as the case may be, is prima facie of the view that it would be appropriate to dismiss the appeal on the ground set out in paragraph (a), he or she must call for written representations from the respective parties as to why the appeal should not be so dismissed.

(c) Upon receipt of the representations or, failing which, at the expiry of the time determined for their lodging, the President of the Supreme Court of Appeal or the Judge President, as the case may be, must refer the matter to three judges for their consideration.

(d) The judges considering the matter may order that the question whether the appeal should be dismissed on the ground set out in paragraph (a) be argued before them at a place and time appointed, and may, whether or not they have so ordered—

(3) Notwithstanding any other law, no appeal lies from any judgment or order in proceedings in connection with an application—

(b) for contribution towards the costs of a pending matrimonial action;

27. (1) Leave to appeal may only be given where the judge or judges concerned are of the opinion that—

(a) (i) the appeal would have a reasonable prospect of success; or

(ii) there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration;

(2) (a) Leave to appeal as contemplated in section 26(1)(a)may be granted by the judge or judges against whose decision an appeal is to be made or, if not readily available, by any other judge or judges of the same court or Division.

(b) If leave to appeal in terms of paragraph (a) is refused, it may be granted by the Supreme Court of Appeal on application filed with the registrar of that court within one month after such refusal, or such longer period as may on good cause be allowed, and the Supreme Court of Appeal may vary any order as to costs made by the judge or judges concerned in refusing leave.

(c) An application referred to in paragraph (b) must be considered by two judges of the Supreme Court of Appeal designated by the President of the Supreme Court of Appeal and, in the case of a difference of opinion, also by the President of the Supreme Court of Appeal or any other judge of the Supreme Court of Appeal likewise designated.

(d) (i) The judges considering the application may order that it be argued before them at a time and place appointed, and may, whether or not they have so ordered, grant or refuse the application or refer it to the court for consideration.

(ii) Where an application has been so referred to the court, the court may thereupon grant or refuse it.

(e) The decision of the majority of the judges considering the application, or the decision of the court, as the case may be, to grant or refuse the application shall be final: Provided that the President of the Supreme Court of Appeal may in exceptional circumstances, whether of his or her own accord or on application filed within one month of the decision, refer the decision to the court for reconsideration and, if necessary, variation.

(3) An application for special leave to appeal under section 26(1)(b) may be granted by the Supreme Court of Appeal on application filed with the registrar of that court within one month after the decision sought to be appealed against, or such longer period as may on good cause be allowed, and the provisions of subsection (2)(c) to (e) shall apply with the necessary changes.

(4) The power to grant leave to appeal—

(5) Any leave to appeal may be granted subject to such conditions as the court concerned may determine, including a condition—

(c) that the appellant furnish security for the costs of the appeal in such an amount as the registrar may determine, and the court may fix the time within which the security is to be furnished.

(3) Subsection (2)(c), (d) and (e) apply with the necessary changes to any application to the Supreme Court of Appeal relating to an issue connected with an appeal.

28. (1) Subject to subsections (2) and (3), and unless the court under the most exceptional circumstances orders otherwise, the operation and execution of a decision which is the subject of an application for leave to appeal or of an appeal, is suspended pending the decision of the application or appeal.

(2) Subject to subsection (3), unless the court under the most exceptional circumstances orders otherwise, the operation and execution of a decision that is an interlocutory order not having the effect of a final judgment, which is the subject of an application for leave to appeal or of an appeal, is not suspended pending the decision of the application or appeal.

(3) A court may only order otherwise as contemplated in subsection (1) or (2), if the party who applied to the court to order otherwise, in addition proves on a balance of probabilities that he, she or it will suffer irreparable harm if the court does not so order and that the other party will not suffer irreparable harm if the court so orders.

(4) If a court orders otherwise as contemplated in subsection (1)―

(i) the court must immediately record its reasons for doing so on the record;

(5) For the purposes of subsections (1) and (2), a decision becomes the subject of an application for leave to appeal or of an appeal, as soon as an application for leave to appeal or a notice of appeal is lodged, in terms the applicable rules of court, with the registrar.

29. The Supreme Court of Appeal or a Division exercising appeal jurisdiction may, in addition to any power as may specifically be provided for in any other law—

(b) receive further evidence;

30. Whenever a decision on a question of law is given by a court of a Division which is in conflict with a decision on the same question of law given by a court of any other Division, the Minister may submit such conflicting decisions to the Chief Justice, who must cause the matter to be argued before the Constitutional Court or the Supreme Court of Appeal, as the case may be, in order to determine the said question of law for guidance.

31. (1) A General Division has jurisdiction over all persons residing or being in, and in relation to all causes arising and all offences triable within its area of jurisdiction and all other matters of which it may according to law take cognizance, and has the power, subject to the direction of the Judge President concerned—

(2) A General Division also has jurisdiction over any person residing or being outside its area of jurisdiction who is joined as a party to any cause in relation to which such court has jurisdiction or who in terms of a third party notice becomes a party to such a cause, if the said person resides or is within the area of jurisdiction of any other General Division.

(3) Subject to section 26 and the powers granted under section 4 of the Admiralty Jurisdiction Regulation Act, 1983 (Act No. 105 of 1983), any General Division may—

(4) Notwithstanding any provision in this or any other law, any contractual obligation, term or provision which is in conflict with this section is null and void and is not enforceable.

32. Subject to this Act and the Constitution—

Grounds for review by General Division of proceedings of lower court

33. (1) The grounds upon which the proceedings of any lower court may be brought under review before a court of a General Division are—

(2) This section does not affect the provisions of any other law relating to the review of proceedings in lower courts.

34. A judgment by default may be granted and entered by the registrar of a Division in the manner and in the circumstances prescribed in the rules made in terms of section 41, and a judgment so entered is deemed to be a judgment of a court of the Division.

35. The time allowed for entering an appearance to a civil summons served outside the area of jurisdiction of the General Division in which it was issued shall be not less than—

(b) two weeks in any other case.

36. If a plaintiff in civil proceedings in a General Division resides within the Republic, but outside the area of jurisdiction of that Division, he or she shall not by reason only of that fact be required to give security for costs in those proceedings.

37. (1) Within one month after the termination of the sittings of any Circuit Court, the registrar thereof must, subject to any directions of the presiding judge or judges, transmit all records in connection with the proceedings in that court to the registrar of the Supreme Court of Appeal or the General Division concerned, as the case may be, to be filed as records of that Court or Division.

(2) Any judgment, order or sentence of a Circuit Court may, subject to any applicable rules for the time being in force, be carried into execution by means of process of the Supreme Court of Appeal or the General Division concerned, as the case may be.

38. (1) If any proceedings have been instituted in a Division or at a seat of a Division, and it appears to the court, in consultation with the Judge President concerned, that such proceedings—

that court may, upon application by any party thereto and after hearing all other parties thereto, order such proceedings to be removed to that other Division or seat, as the case may be.

(2) An order for removal under subsection (1) must be transmitted to the registrar of the court to which the removal is ordered, and upon the receipt of such order that court may hear and determine the proceedings in question.

39. (1) No attachment of person or property to found jurisdiction shall be ordered by a Division against a person who is resident in the Republic.

(2) No writ shall be issued out of any General Division in or in connection with civil proceedings instituted or to be instituted for the arrest of a person residing within the Republic to secure his or her appearance as a defendant in those proceedings by reason only of the fact that such person has departed or is about to depart to a place outside the jurisdiction of that Division but within the Republic.

40. In this Chapter, unless the context indicates otherwise—

"clerk of the court" means a person appointed as such in terms of section 13(1) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);

"commissioner" means a commissioner referred to in section 57;

"committee" means a committee of the Board; and

"rule" means a rule of court as contemplated in section 171 of the Constitution.

41. (1) The Minister must, with a view to the efficient, expeditious and uniform administration of justice in the Superior Courts and the lower courts—

(i) on a regular basis review existing rules of court; and

(ii) after consideration of the advice of the Board as contemplated in section 42(6), make, amend or repeal rules for those courts regulating—

(a) the practice and procedure in connection with litigation, including the time within which and the manner in which appeals must be noted;

(b) the form, contents and use of process;

(c) the practice and procedure in connection with the service of process or other documents, including the issue of interrogatories;

(d) the practice and procedure in connection with the execution of process, including writs and warrants;

(e) the practice and procedure in connection with the reference of any matter to a referee, and the remuneration payable to any such referee;

(f) the compulsory examination by one or more registered medical practitioners of any party to proceedings in which damages or compensation in respect of alleged bodily injury is claimed and whose state of health is relevant for the determination of such damages or compensation, as well as the manner, time, place and responsibility for the cost of the examination, and the making available to the opposing party of any documentary report on the examination;

(g) the procedure at or in connection with any enquiry as to the mental state of any person, and the findings or orders which may be made or issued at any such enquiry;

(h) the appointment and admission of commissioners to take evidence and examine witnesses;

(i) the manner in which documents executed outside the Republic may be authenticated to permit of their being produced or used in any court or produced or lodged in any public office in the Republic;

(j) the appointment and admission of sworn translators;

(k) the duties of sheriffs and other officers of court;

(l) fees and costs, including the fees payable in respect of the service or execution of process (except subpoenas or warrants issued at the request of the State in criminal matters) or in respect of the summoning of persons to answer interrogatories;

(m) the manner of determining the amount of security in any case where it is required that security must be given, and the form and manner in which such security may be given;

(n) the hours during which the offices of registrars and clerks of the court must be open for official purposes;

(o) the manner of recording or noting evidence and proceedings;

(p) the custody and disposal of records or minutes of evidence and proceedings;

(q) the appointment of assessors in proceedings in lower courts;

(r) the tariff of fees chargeable by advocates, attorneys and notaries;

(s) the taxation of bills of costs and the recovery of costs; and

(t) generally any matter which may be necessary or useful to be prescribed for the proper despatch and conduct of the functions of the Superior Courts and the lower courts in civil as well as in criminal proceedings.

(b) The Minister may determine that any rule shall be of force for a specified period or periods only.

(3) Rules relating to any Special Division must be made after consultation with the Minister responsible for the administering of any law specifically connected with the jurisdiction of that Special Division.

(4) The power to make, amend or repeal rules under subsection (1), includes the power to make, amend or repeal rules in order to give effect to the provisions of sections 2 and 3 of the Foreign Courts Evidence Act, 1962 (Act No. 80 of 1962).

(5) The power to make, amend or repeal rules under subsection (1), includes the power to make, amend or repeal rules in relation to the application of the Admiralty Jurisdiction Regulation Act, 1983 (Act No. 105 of 1983), prescribing—

(a) the appointment of any person or body for the assessment of fees and costs, and the manner in which such fees and costs are to be assessed;

(b) measures aimed at avoiding circuitousness or multiplicity of actions;

(c) the practice and procedure for referring to arbitration any matter arising out of proceedings relating to a maritime claim, and the appointment, remuneration and powers of an arbitrator.

(6) (a) The Minister must cause every new rule and every amendment or repeal of a rule to be tabled in Parliament.

(b) No new rule or amendment or repeal of a rule commences unless—

(i) the Rules Board has been given a reasonable opportunity to comment thereon;

(ii) the Minister has considered the advice of the Rules Board;

(iii) it was tabled in Parliament; and

(iv) published in the Gazette at least one month before the day upon which such rule, amendment or repeal is determined to commence.

42. (1) There is an Advisory Board for Rules of Courts, consisting of the following members appointed by the Minister, namely—

(h) a senior lecturer in law at a university in the Republic;

(2) The Minister must appoint the members referred to―

(a) in subsection (1)(a) to (e), in consultation with the Chief Justice; and

(3) The Minister must, after consultation with the Chief Justice, designate a chairperson and a vice-chairperson of the Board from the members referred to in subsection (1)(a) to (e).

(4) The Minister may in respect of a member referred to in subsection (1)(f) to (i), appoint a person as an alternate member to act during the absence from any meeting of the Board of the member in respect of whom he or she is so appointed, in the place of that member.

(5) A member of the Board is appointed for a period of not more than three years, and any such appointment may be terminated at any time by the Minister, after consultation with the Chief Justice, if there are sound reasons for doing so.

(6) Any person whose period of office as a member of the Board has expired, may be reappointed.

(7) The functions of the Board are to advise the Minister on-

43. (1) Meetings of the Board must be held at the times and places determined by the chairperson or, if he or she is not available, by the vice-chairperson of the Board.

(2) The majority of the members of the Board constitute a quorum for a meeting.

(3) If the chairperson is absent from a meeting, the vice-chairperson must act as chairperson, and if both the chairperson and the vice-chairperson are absent, the members present must elect one of their number to preside at that meeting.

(4) The Board may regulate the proceedings at its meetings as it may think fit and must cause minutes to be kept of the proceedings.

(5) The decision of the majority of the members of the Board is the decision of the Board.

44. (1) The Board may establish committees consisting of—

(a) such members of the Board as may be designated by the Board; and

(b) such other persons, if any, as the Board, in consultation with the Minister, may appoint, for the period determined at the time of the appointment.

(2) The Minister may at any time extend the period of any appointment made under subsection (1)(b) or, if are sound reasons for doing so, terminate such appointment.

(3) The Board must designate a chairperson for every committee and, if the Board deems it necessary, a vice-chairperson.

(4) A committee must, subject to the directions and supervision of the Board, perform such functions of the Board as the Board may assign to it.

(5) On completion of all functions assigned to it in terms of subsection (4), a committee must submit a full report thereon to the Board, whereupon the committee automatically dissolves.

(6) The Board may at any time dissolve any committee.

(7) The provisions of section 43 apply mutatis mutandis to meetings of a committee.

45. (1) The Board may appoint an executive committee of the Board consisting of the chairperson, the vice-chairperson and such other members of the Board as may be determined by the Board.

(2) The chairperson of the Board is the chairperson of the executive committee.

(3) The executive committee is responsible for the day to day management of the functions of the Board and, in urgent and exceptional cases, it may with regard to any matter referred to in section 41(1)(a) to (t) inclusive, or any other matter entrusted to the Board, formulate and adopt a draft resolution, which becomes a decision of the Board when a document setting out that draft resolution has been submitted to all members of the Board and has been approved by the majority of such members.

(4) The Minister may in his or her discretion determine any matter which may not be dealt with under this section.

46. (1) The Board has a Subcommittee on Rules for Labour Matters, whose purpose is to make recommendations to the Board on rules of court for the Supreme Court of Appeal and the General Divisions of the High Court when they deal with labour matters.

(2) The Subcommittee referred to in subsection (1) consists of—

(iii) a person who represents the interests of employees;

(iv) a person who represents the interests of employers; and

(v) a person who represents the interests of the State.

(3) Any person referred to in subsection (2)(b) or (c) may be re-appointed to the Subcommittee.

(4) The Subcommittee must, when necessary, submit recommendations to the Board in the form of draft rules, that is either new rules, rules amending existing rules or measures repealing existing rules, in order to regulate the conduct of proceedings in the Supreme Court of Appeal and the High Court when they deal with labour matters, including—

(5) Section 43 applies, with the changes required by the context, to meetings and decisions of the Subcommittee.

47. The Board must submit a full report to the Minister—

(a) regarding each function of the Board or a committee, on completion thereof;

(b) annually, on the date determined by the Minister from time to time, regarding all the functions of the Board and its committees during the period determined by the Minister.

48. (1) A member of the Board or a comittee who is a judge of a Superior Court or a magistrate is entitled to such allowance for travelling and subsistence expenses incurred by him or her in the performance of his or her functions as such a member, as the Minister with the concurrence of the Cabinet member responsible for finance may determine.

(2) A member of the Board or of a committee, other than a judge or a magistrate, who is not subject to the provisions of the Public Service Act, 1994 (Proclamation No. 103 of 1994), is entitled to such remuneration, including reimbursement for travelling and subsistence expenses incurred by him or her in the performance of his or her functions as such a member, as the Minister with the concurrence of the Cabinet member responsible for finance may determine.

49. (1) Every Superior Court is a court of record.

(2) Every Superior Court must have for use as occasion may require, a seal of such design as may be prescribed by the President by proclamation in the Gazette.

(3) The seal of a Superior Court must be kept in the custody of the Registrar.

50. Save as is otherwise provided for in this Act or any other law, all proceedings in any Superior Court must, except in so far as any such court may in special cases otherwise direct, be carried on in open court.

51. The Supreme Court of Appeal and any Division may at any time sit in so many courts constituted in the manner provided for in this Act or any other applicable law as the available judges may allow.

Certified copies of court records admissible as evidence

52. Whenever a judgment, order or other record of any Superior Court is required to be proved or inspected or referred to in any manner, a copy of such judgment, order or other record duly certified as such by the registrar of that court under its seal shall be prima facie evidence thereof without proof of the authenticity of such registrar's signature.

53. (1) A party to proceedings before any Superior Court in which the attendance of witnesses or the production of any document or thing is required may procure the attendance of any witness or the production of any document or thing in the manner provided for in the rules of that court.

(2) Whenever any person subpoenaed to attend any proceedings as a witness or to produce any document or thing—

(a) fails without reasonable excuse to obey the subpoena and it appears from the return of the person who served such subpoena, or from evidence given under oath, that—

(b) without leave of the court fails to remain in attendance,

the court concerned may issue a warrant directing that he or she be arrested and brought before the court at a time and place stated in the warrant or as soon thereafter as possible.

(3) A person arrested under any such warrant may be detained thereunder in any prison or other place of detention or in the custody of the person who is in charge of him or her, with a view to securing his or her presence as a witness or production of any document or thing at the proceedings concerned: Provided that any judge of the court concerned may release him or her on a recognisance with or without sureties to attend as a witness or to produce any document or thing as required.

(4) Any person subpoenaed to attend any proceedings as a witness or to produce any document or thing who fails without reasonable excuse to obey such subpoena, is guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months.

(5) If a person who has entered into any recognisance in terms of subsection (3) to attend such proceedings as a witness or to produce any document or thing fails without reasonable excuse so to attend or to produce such document or thing, he or she forfeits his or her recognisance and is guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months.

54. (1) Whenever any person who appears either in obedience to a subpoena or by virtue of a warrant issued under section 32 or who is present and is verbally required by the Superior Court concerned to give evidence in any proceedings—

without any just excuse for such refusal or failure, the Court may adjourn the proceedings for any period not exceeding eight days and may, in the meantime, by warrant commit the person so refusing or failing to prison unless he or she sooner consents to do what is required of him or her.

(2) If any person referred to in subsection (1) again refuses at the resumed hearing of the proceedings to do what is so required of him or her, the Court may again adjourn the proceedings and commit him or her for a like period and so again from time to time until such person consents to do what is required of him or her.

(3) Nothing contained in this section prevents the Court from giving judgment in any matter or otherwise disposing of the proceedings according to any other sufficient evidence taken.

(4) No person is bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena unless he or she actually has it in Court.

(5) When a subpoena is issued to procure the attendance of any person as a witness or to produce any book, paper or document in any proceedings, and it appears that—

any judge of the court concerned may, notwithstanding anything contained in this section, after reasonable notice by the Registrar to the party who sued out the subpoena and after hearing that party in chambers if he or she appears, make an order cancelling such subpoena.

55. (1) The Minister may, in consultation with the Minister of Finance, from time to time by notice in the Gazette prescribe a tariff of allowances which must be paid to a witness in civil proceedings or to any person who is to accompany any such witness on account of the youth or infirmity due to old age or any other infirmity of such witness.

(2) Such notice may differentiate between persons according to—

(a) the distances which they have to travel to attend the court to which they are summoned or subpoenaed; or

(b) their professions, callings or occupations,

and may empower such officers in the service of the State as may be specified therein to order payment of allowances in accordance with a higher tariff than the tariff so prescribed in cases where payment of allowances in accordance with the prescribed tariff may cause undue hardship.

(3) Notwithstanding any other law, a Superior Court may order that no allowances or only a portion of the allowances prescribed shall be paid to any witness.

56. (1) The Constitutional Court and, in any civil proceedings, any Division may, with the consent of the parties, refer—

for enquiry and report to a referee appointed by the parties, and the court may adopt the report of any such referee, either wholly or in part, and either with or without modifications, or may remit such report for further enquiry or report or consideration by such referee, or make such other order in regard thereto as may be necessary or desirable.

(2) Any such report or any part thereof which is adopted by the court, whether with or without modifications, shall have effect as if it were a finding by the court in the proceedings in question.

(3) Any such referee shall for the purpose of such enquiry have such powers and must conduct the enquiry in such manner as may be prescribed by a special order of the court or by the rules of the court.

(4) For the purpose of procuring the attendance of any witness (including any witness detained in custody under any law) and the production of any document or thing before a referee, an enquiry under this section shall be deemed to be civil proceedings.

(5) (a) Any person summoned to attend as a witness or to produce any document or thing before a referee and who, without sufficient cause—

(i) fails to attend at the time and place specified;

(ii) fails to remain in attendance until the conclusion of the enquiry or until he or she is excused by the referee from further attendance;

(iii) refuses to take an oath or to make an affirmation as a witness; or

(iv) having taken an oath or made an affirmation, fails to—

(aa) answer fully and satisfactorily any question put to him or her; or

(bb) produce any document or thing in his or her possession or custody, or under his or her control, which he or she was summoned to produce,

is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.

(b) Any person who, after having taken an oath or having made an affirmation, gives false evidence before a referee at an enquiry, knowing such evidence to be false or not knowing or believing it to be true, is guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.

(6) Any referee shall be entitled to such remuneration as may be prescribed by the rules of court or, if no such remuneration has been so prescribed, as the court may determine and to any reasonable expenditure incurred by him or her for the purposes of the enquiry, and any such remuneration and expenditure must be taxed by the taxing master of the court and shall be costs in the cause.

57. (1) The Constitutional Court and, in connection with any civil proceedings pending before it, any Division may order that the evidence of a person be taken by means of interrogatories if—

(2) Whenever an order is made under subsection (1), the registrar of the court must certify that fact and transmit a copy of his or her certificate to a commissioner of the court, together with any interrogatories duly and lawfully framed which it is desired to put to the said person and the fees and the amount of the expenses payable to the said person for his or her appearance as hereinafter provided.

(3) Upon receipt of the certificate, the interrogatories and the amounts contemplated in subsection (2), the commissioner must, in respect of the person concerned—

(a) summon that person to appear before him or her;

(b) upon his or her appearance, take that person’s evidence as if he or she was a witness in a civil case in the said court;

(c) put to him or her the said interrogatories, with any other questions calculated to obtain full and true answers to the said interrogatories;

(d) take down or cause to be taken down the evidence so obtained; and

(e) transmit the evidence, certified as correct, to the registrar of the court wherein the proceedings in question are pending.

(4) The commissioner must further transmit to the said registrar a certificate showing the amount paid to the person concerned in respect of the expenses of his or her appearance, and the cost of the issue and service of the process for summoning such person before him or her.

(5) Any person summoned to appear in terms of subsection (3) who without reasonable excuse fails to appear at the time and place mentioned in the summons is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.

(6) Any interrogatories taken and certified under the provisions of this section shall, subject to all lawful exceptions, be received as evidence in the proceedings concerned.

58. (1) Whenever a commission rogatoire or letter of request in connection with any civil proceedings received from any State or territory or court outside the Republic, is transmitted to the registrar of a Division by the Director-General of the Department, together with a translation in English if the original is in any other language, and an intimation that the Minister considers it desirable that effect should be given thereto without requiring an application to be made to such court by the agents, if any, of the parties to the action or matter, the registrar must submit the same to a judge in chambers in order to give effect to such commission rogatoire or letter of request.

(2) Whenever a request for the service on a person in the Republic of any civil process or citation received from a state, territory or court outside the Republic, is transmitted to the registrar of a Division by the Director-General of the Department, together with a translation in English if the original is in any other language, and an intimation that the Minister considers it desirable that effect should be given thereto, the registrar must cause service of the said process or citation to be effected in accordance with the rules of court by the sheriff or a deputy-sheriff or any person specially appointed thereto by a judge of the court concerned.

(3) The registrar concerned must, after effect has been given to any such commission rogatoire, letter of request, process or citation, return all relevant documents, duly verified in accordance with the rules of court, to the Director-General of the Department for transmission.

(4) Except where the Minister directs otherwise, no fees other than disbursements shall be recovered from any state, territory or court on whose behalf any service referred to in this section has been performed.

59. (1) Any person who, during the sitting of any Superior Court—

may, by order of the court, be removed and detained in custody until the rising of the court.

(2) Removal and detention in terms of subsection (1) does not preclude the prosecution in a court of law of the person concerned on a charge of contempt of court.

60. (1) The process of the Constitutional Court, the Supreme Court of Appeal and any Special Division runs throughout the Republic, and their judgments and orders must, subject to any applicable rules of court, be executed in any area in like manner as if they were judgments or orders of the General Division or the magistrate's court having jurisdiction in such area.

(2) The civil process of a General Division runs throughout the Republic and may be served or executed within the jurisdiction of any General Division.

(3) Any warrant or other process for the execution of a judgment given or order issued against any juristic person, partnership or firm may be executed by attachment of the property or assets of such juristic person, partnership or firm.

61. (1) The sheriff must, subject to the rules referred to in section 30, execute all sentences, judgments, writs, summonses, rules, orders, warrants, commands and processes of any Superior Court directed to the sheriff and must make return of the manner of execution thereof to the court and to the party at whose instance they were issued.

(2) The return of the sheriff or a deputy-sheriff of what has been done upon any process of a court, shall be prima facie evidence of the matters therein stated.

(3) The sheriff must receive and cause to be detained all persons arrested by order of the court or committed to his or her custody by any competent authority.

(4) A refusal by the sheriff or a deputy-sheriff to do any act which he or she is by law required to do, is subject to review by the court concerned on application ex parte or on notice as the circumstances may require.

62. (1) (a) In any civil proceedings before a Superior Court, any summons, writ, warrant, rule, order, notice, document or other process of a Superior Court, or any other communication which by any law, rule of court or agreement of parties is required or directed to be served or executed upon any person, or left at the house or place of abode or business of any person, in order that such person may be affected thereby, may be transmitted by telegraph, fax, or by means of any other electronic media as may be provided for by the rules of that court.

(b) The document received or printed as a result of the transmission contemplated in paragraph (a) is of the same force and effect as if the original had been shown to or a copy thereof served or executed upon the person concerned, or left as aforesaid, as the case may be.

(2) (a) A notice sent by telegram, fax, or any other electronic media as may be authorised by the rules of the court—

is sufficient authority to any officer authorised by law to execute any such warrant or writ for the arrest and detention of such person.

(b) A person arrested as contemplated in paragraph (a) may be detained until a sufficient time, but not exceeding 14 days, has elapsed to allow for the original warrant or writ to be delivered at the place where such person was arrested or detained, unless the discharge of such person is ordered by a judge of a Superior Court.

(c) A judge of a Superior Court may upon good cause shown order the further detention of a person referred to in paragraph (b) for a period to be stated in such order, but not exceeding 28 days from the date of the arrest of such person.

63. The sheriff or a deputy-sheriff may not seize in execution of any process—

Provided that the Court concerned may in exceptional circumstances and on such conditions as it may determine, in its discretion increase the amount specified in paragraph (b), (c), (e) or (f).

64. Any person who—

shall be guilty of an offence and liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine.

Issuing of summons or subpoena in civil proceedings against judge

65. (1) Notwithstanding any other law, no civil proceedings by way of summons or notice of motion may be instituted against any judge of a Superior Court, and no subpoena in respect of civil proceedings may be served on any judge of a Superior Court, except with the consent of the Chief Justice or, in the case of the Chief Justice, with the consent of the President of the Supreme Court of Appeal.

(2) Where the issuing of a summons or subpoena against a judge to appear in a civil action has been consented to, the date upon which such judge must attend court must be determined in consultation with the relevant head of court.

66. (1) The Minister may, after consultation with the Chief Justice, make regulations regarding─

(2) Any regulation made under subsection (1) must be approved by Parliament before publication thereof in the Gazette.

67. (1) On the date of the commencement of this Act, the High Court seated in—

of the High Court of South Africa, and the area of jurisdiction of each of those seats is as contained in Schedule 1.

(2) (a) Notwithstanding section 7, the Northern Gauteng General Division shall also function as the Limpopo and Mpumalanga General Divisions, respectively, until a date to be determined by the President by proclamation in the Gazette.

(b) Paragraph (a) lapses two years after the commencement of this section.

(3) Any circuit court established under any law repealed by this Act and in existence immediately before the commencement of this Act, shall be deemed to have been duly established in terms of this Act as a Circuit Court of the General Division concerned.

(4) Anyone holding office as the Judge President, a Deputy Judge President or a judge of a High Court referred to in subsection (1) when this Act takes effect, becomes the Judge President, a Deputy Judge President or a judge of the General Division in question as contemplated in subsection (1).

(5) The President may, with the view to facilitate and promote the effective and efficient administration of justice in the General Divisions established in terms of this Act, after consultation with the Chief Justice and the Minister, transfer any judge of a General Division to the Limpopo, Mpumalanga or North West General Division.

68. (1) Any judge of a Superior Court who, immediately before the commencement of section 74, holds concurrent tenure of office as—

ceases to hold the latter office on the date of the commencement of section 74, and must be entered on the list of judges referred to in section 24(1).

(2) The remuneration of a judge referred to in subsection (1) is not affected on account of the discontinuation of his or her holding of an office referred to in paragraphs (a), (b) or (c) of that subsection.

(3) (a) Any person who, immediately before the commencement of section 74, holds office as a judge of the Labour Court but who is not a judge of a Superior Court ceases to hold such office on the date of the commencement of section 74.

(b) In respect of each person who ceases to hold office as contemplated in paragraph (a), a vacancy of the office of a judge shall arise in the General Division having jurisdiction where that person held that office.

(c) Any person referred to in paragraph (a) must be given the first opportunity to apply for a vacancy referred to in paragraph (b) and, should he or she be found to be a fit and proper person for appointment as a judge of a High Court, the Judicial Service Commission must advise the President that he or she be so appointed, in which event his or her name must be entered on the list referred to in section 24(1).

(4) If a person referred to in subsection (3) is not appointed as a judge of the High Court or chooses not to apply for such appointment in terms of subsection (3)(c)—

(a) he or she is entitled to the benefits determined by the President, after consultation with the Judicial Service Commission: Provided that such benefits may not be less than the benefits accruing to judges of the Land Claims Court at the expiry of their term of office, as contemplated in section 26 of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) (prior to the commencement of section 74); and

(b) any vacancy arising on account of subsection (3)(b) must be dealt with by the Judicial Service Commission in the ordinary manner.

(5) (a) Any vacancy of the office of a—

(i) judge of the Labour Appeal Court; or

(ii) judge of the Labour Court,

existing immediately before the commencement of section 74, becomes a vacancy of the office of a judge of the Supreme Court of Appeal or a General Division of the High Court, as the case may be.

(b) When considering the filling of vacancies referred to in this subsection, the Judicial Service Commission must give preference to persons with proven experience and expertise in the adjudication of labour matters.

(6) (a) If a person, other than a person referred to in subsection (4), who is or was a judge of the Labour Court is appointed as a judge of a Superior Court, whether before or after the commencement of this Act, the period of service of that person as a judge of the Labour Court is, for the purposes of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), deemed to be active service as defined in that Act.

(b) No person who received any benefits under subsection (4)(a) may be appointed as a judge of a Superior Court, unless he or she, prior to such appointment, refunds the full amount of such benefits to the Director-General of the Department.

(7) Any person who, immediately before the date of the commencement of section 74, is an officer of the Labour Court or the Labour Appeal Court must, subject to the laws governing the public service, be transferred to an equivalent post as an officer of a Superior Court designated by the Minister after consultation with the Chief Justice.

69. On the date of the commencement of this Act—

(a) any court established in terms of—

(i) section 36 of the Competition Act, 1998 (Act No. 89 of 1998), becomes the Competition Appeals Special Division of the High Court;

(ii) section 18 of the Electoral Commission Act, 1996 (Act No. 51 of 1996), becomes the Electoral Matters Special Division of the High Court;

(iii) section 83(3) of the Income Tax Act, 1962 (Act No. 58 of 1962), becomes a court of the Income Tax Special Division of the High Court; and

(iv) section 22 of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994), becomes the Land Claims Special Division of the High Court;

(b) any judge holding office—

(i) as the Judge President or a judge of the court referred to in section 36 of the Competition Act, 1998, becomes the Judge President or a judge of the Competition Appeals Special Division of the High Court, for the remainder of the term, if applicable, for which he or she had been appointed to that office;

(ii) as the Chairperson or a judge of the court referred to in section 18 of the Electoral Commission Act, 1996, becomes the Judge President or a judge of the Electoral Matters Special Division of the High Court, for the remainder of the term, if applicable, for which he or she had been appointed to that office;

(iii) as the president of a court referred to in section 83(3) of the Income Tax Act, 1962, becomes a judge of the Income Tax Special Division of the High Court, for the remainder of the term for which he or she had been appointed to that office; and

(iv) as the President or a judge of the court referred to in section 22 of the Restitution of Land Rights Act, 1994, becomes the Judge President or a judge of the Land Claims Special Division of the High Court, for the remainder of the term, if applicable, for which he or she had been appointed to that office;

(c) any person, not being a judge, holding office—

(i) as a member of the court referred to in section 18 of the Electoral Commission Act, 1996, becomes a special member of the Electoral Matters Special Division of the High Court, for the remainder of the term for which he or she had been appointed to that office; and

(ii) as a member of a court referred to in section 83(3) of the Income Tax Act, 1962, becomes a special member of the Income Tax Special Division of the High Court, for the remainder of the term for which he or she had been appointed to that office; and

(d) any person holding office as the registrar or a member of the staff of any court referred to in paragraph (a), becomes a registrar or a member of the staff of the Special Division contemplated in that paragraph, for the remainder of the term, if applicable, for which he or she had been appointed to that office.

70. (1) Despite the provisions of sections 26 and 27 and the repeal of the Supreme Court Act, 1959 (Act No. 59 of 1959) by section 74, the provisions relating to an appeal from a judgment or order by a single judge of a General Division, to a court consisting of three judges of the same Division, as in force prior to the commencement of this Act, remain in force until a date set by the President by proclamation in the Gazette.

(2) Appeals referred to in subsection (1) that are pending on the date referred to in that subsection, must be continued and concluded in accordance with the provisions referred to in that subsection.

71. (1) The rules applicable to the Constitutional Court, Supreme Court of Appeal, various High Courts, Labour Court, Labour Appeal Court, Competition Appeal Court, Electoral Court, Income Tax courts and the Land Claims Court immediately before the commencement of this Act remain in force to the extent that they are not inconsistent with this Act, until repealed or amended in terms of section 40.

(2) On the date of the commencement of section 40—

(c) as the Secretary to, or a member of staff of, the Rules Board for Courts of Law referred to in paragraph (a), continues to hold such office as the Secretary to, or a member of staff of, the Board referred to in section 40.

(4) (a) Any person who, immediately before the date of the commencement of section 46, holds office in terms of section 159(2)(c) of the Labour Relations Act, 1995 (Act No. 66 of 1995) as a member of the Rules Board for Labour Courts established in terms of section 159(1) of that Act, is deemed to have been appointed under the corresponding provision of section 46(2)(c) as a member of the Subcommittee on Rules for Labour Matters referred to in section 46(1).

(b) A person referred to in paragraph (a) holds the office referred to in that paragraph for the remainder of the term for which he or she had been appointed originally.

72. (1) Subject to section 38, proceedings pending in any court, including any court referred to in sections 68 and 69, at the commencement of this Act, must be continued and concluded as if this Act had not been passed.

(2) Proceedings must, for the purposes of this section, be deemed to be pending if, at the commencement of this Act a summons had been issued but judgment had not been passed.

(3) Subsections (1) and (2) are also applicable, with the changes required by the context, in respect of proceedings pending on the date determined in the notice contemplated in section 67(2).

73. Any reference in any law—

(2) Anything done under any provision of a law repealed or amended by subsection (1), shall be deemed to have been done under the corresponding provision of this Act.

75. This Act is called the Superior Courts Act, 2005, and comes into operation on a date fixed by the President by proclamation in the Gazette.

1. The President must, on the advice of the Judicial Service Commission, appoint two or more fit and proper persons, who must be South African citizens, as special members of the Electoral Matters Special Division.

2. Any special member referred to in item 1 must be appointed for a fixed term determined by the President at the time of the appointment, and may, upon the expiry of that term, be re-appointed.

3. The need for the Electoral Matters Special Division to reflect broadly the racial and gender composition of the Republic must be taken into account when appointing special members of that Division.

4. Any appointment made in terms of item 1 must be announced in the Gazette.

1. The President must, in respect of each of the categories listed in item 2, on the advice of the Minister acting after consultation with the Judge President of the Income Tax Special Division and the Cabinet member responsible for finance, appoint two or more persons of good standing and with appropriate experience as special members of the Income Tax Special Division.

2. Special members of the Division must be appointed in respect of the following categories:

2.1 Accountants;

2.2 Representatives of the commercial community in general;

2.3 Representatives of the commercial community, who must be qualified mining engineers; and

2.4 Representatives of the commercial community, who must be sworn appraisers of property.

3. Any special member referred to in item 1 must be appointed for a fixed term determined by the President at the time of the appointment, and may, upon the expiry of that term, be re-appointed.

4. The need for the Income Tax Special Division to reflect broadly the racial and gender composition of the Republic must be taken into account when appointing special members of that Division.

5. Any appointment made in terms of item 1 must be announced in the Gazette.

Const 14th Am Bill objectsmemo

The Constitution of the Republic of South Africa Amendment Bill [B 60—2003], was introduced in Parliament during September 2003, together with the Superior Courts Bill [B 52—2003], and referred to the Portfolio Committee on Justice and Constitutional Development (National Assembly) (the Committee) for consideration. The Committee embarked on extensive public hearings regarding the draft legislation and received substantial inputs from a wide range of interested parties. Before Parliament adjourned for the April 2004 elections, the Committee issued instructions to the Department of Justice and Constitutional Development regarding amendments to the Bill, as well as the addition of new provisions.

Following the elections in 2004, the Superior Courts Bill was revived by the new Parliament. However, the Constitution Amendment Bill in question was allowed to lapse, thereby necessitating the introduction of a new Constitution Amendment Bill in order to mandate the structural changes envisaged in order to rationalise the Superior Courts (the Constitutional Court, Supreme Court of Appeal and the High Courts), as well as to give effect to certain instructions of the Committee.

The objects of the Bill can be explained as follows:

Clause 1: Section 165 of the Constitution is amended in order to provide that the Chief Justice is the head of the judicial authority and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts, other than the adjudication of any matter before a court of law. The Cabinet member responsible for the administration of justice, in turn, exercises authority over the administration and budget of all courts. In this way the Commonwealth model of the separation of powers between the Executive and Judiciary is maintained and constitutionally entrenched, with the performance of the judicial functions of our courts being the sole preserve of the judiciary, and the performance of the administrative functions of the courts being the sole preserve of the relevant Minister.

Clauses 2 and 5: Sections 166 and 169 of the Constitution are amended so as to convert the various High Courts into a single "High Court of South Africa", comprising of the Divisions, with the seats and jurisdiction, as determined in terms of an Act of Parliament (the Superior Courts Bill).

Clause 3: Section 167 of the Constitution is amended so as to confirm the status of the Constitutional Court as the apex court, with jurisdiction in all constitutional matters and any other matter in which it may grant leave to appeal.

Clause 4: Section 168 of the Constitution is amended in order to provide for the appointment of a second Deputy President of the Supreme Court of Appeal. This results from the need to appoint a Deputy President of that Court who is dedicated to the management of labour appeals, following the abolition of the Labour Appeal Court (by the Superior Courts Bill).

Clause 7: An important new principle is introduced in section 172 of the Constitution, in that it provides that no court may hear a matter dealing with the suspension of, or make an order suspending, the commencement of an Act of Parliament or a provincial Act. This provision is intended to address the untenable situations which arose in the UDM and Home Affairs cases, where the commencement of Acts of Parliament were suspended, before coming into operation.

Clause 9: The amendment to section 174 of the Constitution provides that the President, as is the case with the judges of the Constitutional Court, will appoint the leadership of the High Court from a list of suitable candidates submitted by the Judicial Service Commission.

Clause 10: Section 175 of the Constitution is amended in order to make provision for the appointment of acting judges in leadership positions.

Other amendments contained in the Bill are of a consequential nature.

The Bill forms part of a package of draft legislation on judicial transformation, which was discussed at a Colloquium hosted by the Minister for Justice and Constitutional Development, Ms B S Mabandla, MP, during April 2005. Although the whole of the legal fraternity was represented at the Colloquium, it was mainly focused on engaging the judiciary on the proposed legislation, and was followed by a number of discussions between the Minister and representatives of the judiciary. The Bill was published (in draft form) for public comment in the Gazette in accordance with section 74(5)(a) of the Constitution.

None.

Provision is made for the appointment of a second Deputy President to the Supreme Court of Appeal.

The State Law Advisers and the Department of Justice and Constitutional Development are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 74(3) of the Constitution, since it amends provisions of the Constitution other than section 1, section 74(1) or Chapter 2.

The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.