Superior Courts Act, 2013

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Superior Courts Act, 2013
Parliament of South Africa
Act to rationalise, consolidate and amend the laws relating to the Constitutional Court, the Supreme Court of Appeal and the High Court of South Africa; to make provision for the administration of the judicial functions of all courts; to make provision for administrative and budgetary matters relating to the Superior Courts; and to provide for matters incidental thereto.
Citation Act No. 10 of 2013
Territorial extent Republic of South Africa
Enacted by National Assembly
Passed22 November 2012
Enacted by National Council of Provinces
Passed14 May 2013
Assented to12 August 2013
Commenced23 August 2013
Administered by Department of Justice and Constitutional Development
Legislative history
Bill introduced in the National Assembly Superior Courts Bill
Bill citationB7—2011
Bill published on2 June 2011
Introduced by Jeff Radebe, Minister of Justice and Constitutional Development
Related legislation
Constitution Seventeenth Amendment Act of 2012
Status: In force

The Superior Courts Act, 2013 (Act No. 10 of 2013) is an act of the Parliament of South Africa that restructured the court system. It reorganised the various High Courts into a single High Court of South Africa, with a division situated in each province, including two new divisions to serve Limpopo and Mpumalanga. It rationalised and consolidated the laws governing the superior courts (the Constitutional Court, the Supreme Court of Appeal and the High Court), and altered the administration and financial management of the courts. The act was signed into law on 12 August 2013, [1] and came into force on 23 August. [2] It is associated with the Constitution Seventeenth Amendment Act of 2012, which makes corresponding necessary changes to the Constitution.

An act of parliament, also called primary legislation, are statutes passed by a parliament (legislature). Act of the Oireachtas is an equivalent term used in the Republic of Ireland where the legislature is commonly known by its Irish name, Oireachtas. The United States Act of Congress is based on it.

Parliament of South Africa legislature in South Africa

The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces. The newly-elected 27th South African Parliament convened on 22 May 2019.

Courts of South Africa

The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.

Contents

History

Transitional provisions in the 1996 Constitution require that the court system be rationalised to suit the new constitution "as soon as practical". The Superior Courts Bill was first introduced in 2003, [3] but it was opposed by members of the judiciary and the legal profession, as well as by opposition politicians, because they claimed that it weakened the independence of the judiciary by putting the administration of the courts under the control of the Minister of Justice. [4] [5] The bill was ultimately allowed to lapse in 2009. [3] In the meantime, the "Interim Rationalisation of Jurisdiction of High Courts Act" and the "Renaming of High Courts Act" were passed to allow the High Courts to be renamed and their areas of jurisdiction to be altered.

Constitution of South Africa supreme and fundamental law of South Africa

The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993.

Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers.

The Superior Courts Bill was reintroduced in 2010, but this new version made the Chief Justice, rather than the Minister of Justice, responsible for the administration of the courts, allaying the fears about judicial independence. [5] [6] The new version of the bill was supported by the official opposition Democratic Alliance. [6] The bill did encounter substantial opposition from interested parties in Grahamstown, because it originally proposed that the main seat of the Eastern Cape Division should be moved to Bhisho; this change was ultimately reversed and the main seat will remain at Grahamstown. [7]

Chief Justice of South Africa

The Chief Justice of South Africa is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts.

Democratic Alliance (South Africa) political party from South Africa

The Democratic Alliance (DA) is a South African political party and the official opposition to the governing African National Congress (ANC). The present leader is Mmusi Maimane, who succeeded former Mayor of Cape Town and Premier of the Western Cape Helen Zille on 10 May 2015. The party is broadly centrist, and has been attributed both centre-left and centre-right policies. It is a member of the Liberal International and the Africa Liberal Network. The DA traces its roots to the founding of the anti-apartheid Progressive Party in 1959, with many mergers and name changes between that time and the present.

Bhisho Place in Eastern Cape, South Africa

Bhisho is the capital of the Eastern Cape Province in South Africa. The Office of the Premier, Provincial Legislature and many other government departments are headquartered in the town. The town, three kilometres from King William’s Town and 70 kilometres from East London, is also part of Buffalo City.

The bill was passed by the National Assembly on 22 November 2012 [6] and by the National Council of Provinces on 14 May 2013. [8] It was signed into law by President Jacob Zuma on 12 August 2013, [1] and brought into force by presidential proclamation on 23 August.

National Assembly of South Africa Lower house of the Parliament of South Africa

The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. It consists of four hundred members who are elected every five years using a party-list proportional representation system where half of the members are elected proportionally from 9 provincial lists and the remaining half from national lists so as to restore proportionality.

National Council of Provinces upper house of the Parliament of South Africa

The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. It replaced the former Senate, but is very similar to that body, and to many other upper houses of legislatures throughout the world, in that its purpose is to represent the governments of the provinces, rather than directly representing the people.

President of South Africa South Africas head of state and head of government

The President of the Republic of South Africa is the head of state, head of government and the commander-in-chief of the South African National Defence Force (SANDF) under the Constitution of South Africa. From 1961 to 1994, the head of state was called the State President.

Provisions

The act restructured the High Courts into Divisions of a single High Court as described in the following table. In each division, if there was more than one existing court, one became the main seat with jurisdiction over the whole province, and the others became local seats with jurisdiction over a restricted area.

Previous courtNew division
Eastern Cape High Court, Bhisho Eastern Cape Division
(main seat at Grahamstown)
Eastern Cape High Court, Grahamstown
Eastern Cape High Court, Mthatha
Eastern Cape High Court, Port Elizabeth
Free State High Court, Bloemfontein Free State Division
North Gauteng High Court, Pretoria Gauteng Division
(main seat at Pretoria)
South Gauteng High Court, Johannesburg
KwaZulu-Natal High Court, Durban KwaZulu-Natal Division
(main seat at Pietermaritzburg)
KwaZulu-Natal High Court, Pietermaritzburg
New court to be created at Polokwane Limpopo Division
(main seat at Polokwane)
Limpopo High Court, Thohoyandou
New court to be created at Mbombela Mpumalanga Division
Northern Cape High Court, Kimberley Northern Cape Division
North West High Court, Mahikeng North West Division
Western Cape High Court, Cape Town Western Cape Division

The Gauteng Division at Pretoria was to also serve as the Limpopo and Mpumalanga Divisions until the new courts are opened at Polokwane and Mbombela (Nelspruit). The Limpopo Division at Polokwane was opened on 25 January 2016, and the Mpumalanga Division at Mbombela was established on 13 May 2019.

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Limpopo The northernmost province of South Africa

Limpopo is the northernmost province of South Africa. It is named after the Limpopo River, which forms the province's western and northern borders. The name "Limpopo" has its etymological origin in the Ndebele language, the original inhabitants of the area, meaning "strong gushing waterfalls". The capital is Polokwane,.

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Constitutional Court of South Africa Supreme court for constitutional matters in South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa. It was originally the final appellate court for constitutional matters. Since the enactment of the Superior Courts Act in 2013, the Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so.

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Western Cape Division superior court of law in the Western Cape, South Africa

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The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at Port Elizabeth, East London, Bhisho and Mthatha. As of November 2017 the Judge President of the division is Selby Mbenenge.

KwaZulu-Natal Division superior court of law in KwaZulu-Natal, South Africa

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province. As of August 2013 the Judge President of the division is Chiman Patel.

The Limpopo Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Limpopo province of South Africa. The main seat of the court in Polokwane opened on 25 January 2016. The court also has local seats at Thohoyandou and Lephalale. Before the opening of the division, the Gauteng Division at Pretoria had jurisdiction over Limpopo and circuit courts sat at Polokwane.

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The Seventeenth Amendment of the Constitution of South Africa made a number of changes to the structure of the South African judiciary. The bill for the amendment was passed by the National Assembly on 20 November 2012 with the required two-thirds majority; because it is a constitutional amendment not affecting the provinces it was not required to be voted on by the National Council of Provinces. The act was signed by President Jacob Zuma on 1 February 2013, and a presidential proclamation brought it into force on 23 August 2013. The amendment came into force simultaneously with the Superior Courts Act, 2013, which implemented a major rationalisation and restructuring of the judicial system.

Gauteng Division superior court of law in Gauteng, South Africa

The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012.

The Mpumalanga Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Mpumalanga province of South Africa. The main seat of the court in Mbombela (Nelspruit) opened on 13 May 2019. The court also has a local seat at Middelburg. Before the opening of the division, the Gauteng Division at Pretoria had jurisdiction over Mpumalanga and circuit courts of that division sat at Mbombela and Middelburg.

References

  1. 1 2 "Zuma signs new court bill". News24. Sapa. 13 August 2013. Retrieved 13 August 2013.
  2. ↑ "Zuma signs law on courts". News24. SAPA. 23 August 2013. Retrieved 25 August 2013.
  3. 1 2 "New Superior Courts Bill to be Tabled in Parliament". SabinetLaw. 5 January 2011. Retrieved 13 August 2013.
  4. ↑ Mfengwana, Tando (2 July 2007). "DA slams Superior Courts Bill". Bush Radio. Retrieved 13 August 2013.
  5. 1 2 "Cabinet approves new-look Superior Courts Bill". South African Government News Agency. 20 May 2010. Retrieved 13 August 2013.
  6. 1 2 3 Hartley, Wyndham (23 November 2012). "Courts bill 'a shield from political influence'". Business Day. Retrieved 13 August 2013.
  7. ↑ King, Caroline (24 March 2011). "Grahamstown to keep High Court". Grocott's Mail. Retrieved 13 August 2013.
  8. ↑ "Human Trafficking, Superior Courts Bills get NCOP approval". Legalbrief. Retrieved 13 August 2013.
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