REPUBLIC OF SOUTH AFRICA

 

PROMOTION OF ADMINISTRATIVE JUSTICE AMENDMENT BILL

 

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(As introduced in the National Assembly as a section 75-Bill; explanatory summary of Bill published in Government Gazette No. of ) (The English text is the official text of the Bill)

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(MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT)

[B - 2002]

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080702se

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from existing enactments.

___________ Words underlined with a solid line indicate insertions in existing enactments.

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B I L L

To amend the Promotion of Administrative Justice Act, 2000, so as to amend a definition; and to provide for matters connected therewith.

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

Amendment of section 1 of Act 3 of 2000

1. Section 1 of the Promotion of Administrative Justice Act, 2000, is hereby amended by the substitution for the definition of "court" of the following definition:

" 'court' means—

(a) the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or

(b) (i) a High Court or another court of similar status; or

(ii) a Magistrate's Court, either generally or in respect of a specified class of administrative actions, designated by the Minister by notice in the Gazette and presided over by a magistrate designated in writing by the [Minister] head of an administrative region defined in section 1 of the Magistrates' Court Act, 1944 (Act No. 32 of 1944), after consultation with the Magistrates Commission,

within whose area of jurisdiction the administrative action occurred or the administrator has his or her or its principal place of administration or the party whose rights have been affected is domiciled or ordinarily resident or the adverse effect of the administrative action was, is or will be experienced;".

Short title

2. This Act is called the Promotion of Administrative Justice Amendment Act, 2002.