Commencement Date for Justice Administered Fund Act Set Down

Department of Justice and Constitutional Development

The Justice Administered Fund Act will come into effect on 1 April 2018.

Parliament passed the Justice Administered Fund Bill and sent it for assent in March 2017.

The bill was tabled in October 2015.

The national assembly passed the bill and sent it to the national council of provinces for concurrence in November 2016.

The act aims to provide for the setting up of a Justice Administered Fund.

It will also provide for the management, control, investment and utilisation of money in the Fund.

The act calls for the director-general of the department to be the accounting officer of the Fund.

The proclamation was published in Government Gazette 41273.

Meanwhile, the justice and constitutional development department has published a proposed amendment to the Constitution in Gazette 41276 for comment.

The Draft Constitution Amendment Bill aims to re-determine the geographical areas of the provinces of the Eastern Cape, KwaZulu-Natal, the North West and the Northern Cape.

The areas to be relocated in neighbouring provinces include Matatiele Local Municipality in the Eastern Cape Province, which is intended to be relocated in the KwaZulu -Natal Province and the area of Ba Ga Mothibi in the Greater Taung Local Municipality in the North West Province which is intended to be relocated in the Northern Cape Province.

Comment is invited until 28 February 2018.

The Draft Regulations Relating to Sexual Offences Courts have been published in Gazette 41272.

The proposed regulations flow from amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Act.

The draft regulations focus on the requirements for the efficient and effective functioning of sexual offences courts.

The draft regulations also aim to provide for protective measures for victims to be available at the courts and also focus on the needs of people with disabilities.

They deal with requirements for, facilities and available devices, equipment and services at established courts.

Comment is invited until 31 January 2018.

In Gazette 41280, the commencement of Section 24 of the Judicial Matters Amendment Act has been announced.

Section 24 comes into force on 1 December 2017.

President Zuma assented to the act in August 2017.

The act proposes changes to a raft of acts including the Magistrates’ Courts Act, the State Liability Act, the Criminal Procedure Act, the Attorneys Act and the Sheriffs Act.

Some of the proposals include further regulating the benefits of magistrates who are required to dispose of proceedings which were not disposed of on vacation of the office of magistrate, further regulating the service of court process, giving the Rules Board for Courts of Law the power to make rules regulating various aspects in respect of small claims courts, providing for the transfer of certain moneys in the trust accounts of sheriffs to the Fidelity Fund for sheriffs, assisting impecunious litigants with the payment of costs for the execution of small claims court judgments and further regulating the electronic transmission of summonses, writs and other process.

Section 24 deals with the vacating of office by magistrates.

Sabinet Cape Town Office

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