Page:Promotion of Administrative Justice Amendment Act 2002.djvu/2

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Act No. 53, 2002

Promotion of Administrative Justice Amendment Act, 2002

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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(English text signed by the President.)
(Assented to 30 January 2003.)

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Act

To amend the Promotion of Administrative Justice Act, 2000, so as to amend a definition and to provide for the training of presiding officers in the magistrates' courts for purposes of the Act; 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 or an additional magistrate designated in [writing by the Minister after consultation with the Magistrates Commission] terms of section 9A,

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;”.

Insertion of section 9A in Act 3 of 2000

2. The following section is hereby inserted after section 9 of the Promotion of Administrative Justice Act, 2000:

“Designation and training of presiding officers

9A. (1) (a) The head of an administrative region defined in section 1 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), must, subject to subsection (2), designate in writing any magistrate or additional magistrate