Page:Constitution Seventeenth Amendment Act of 2012.pdf/4

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(2) The High Court of South Africa consists of the Divisions determined by an Act of Parliament, which Act must provide for—

(a)

the establishing of Divisions, with one or more seats in a Division; and

(b)

the assigning of jurisdiction to a Division or a seat within a Division.

(3) Each Division of the High Court of South Africa—

(a)

has a Judge President;

(b)

may have one or more Deputy Judges President; and

(c)

has the number of other judges determined in terms of national legislation.”.

Substitution of section 170 of Constitution

6. The following section is hereby substituted for section 170 of the Constitution:

“[Magistrates’ Courts and other] Other courts

170. [Magistrates’ Courts and all other courts] All courts other than those referred to in sections 167, 168 and 169 may decide any matter determined by an Act of Parliament, but a court of a status lower than [a] the High Court of South Africa may not enquire into or rule on the constitutionality of any legislation or any conduct of the President.”.

Amendment of section 172 of Constitution

7. Section 172 of the Constitution is hereby amended by the substitution in subsection (2) for paragraph (a) of the following paragraph:

“(a) The Supreme Court of Appeal, [a] the High Court of South Africa or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court.”.

Substitution of section 173 of Constitution

8. The following section is hereby substituted for section 173 of the Constitution:

“Inherent power

173. The Constitutional Court, the Supreme Court of Appeal and the High [Courts have] Court of South Africa each has the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice.”.

Substitution of section 175 of Constitution, as amended by section 14 of Constitution Sixth Amendment Act of 2001

9. The following section is hereby substituted for section 175 of the Constitution:

“[Acting] Appointment of acting judges

175. (1) The President may appoint a woman or man to [be] serve as an acting Deputy Chief Justice or judge of the Constitutional Court if there is a vacancy in any of those offices, or if [a judge] the person holding such an office is absent. The appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting with the concurrence of the Chief Justice, and an appointment as acting Deputy Chief Justice must be made from the ranks of the judges who had been appointed to the Constitutional Court in terms of section 174(4).

(2) The Cabinet member responsible for the administration of justice must appoint acting judges to other courts after consulting the senior judge of the court on which the acting judge will serve.”.