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40 No. 36743
Government Gazette, 12 August 2013

Act No. 12 of 2013
Superior Courts Act, 2013

40


(2) Where the issuing of a summons or subpoena against a judge to appear in a civil action has been consented to, the date upon which such judge must attend court must be determined in consultation with the relevant head of court.


Acting judges of Superior Courts

48. Any person who has been appointed as an acting judge of a Superior Court must be regarded as having been appointed also for any period during which he or she is necessarily engaged in the disposal of any proceedings in which he or she has participated as such a judge, including an application for leave to appeal that has not yet been disposed of at the expiry of his or her period of appointment.


Regulations

49. (1) The Minister may, on the advice of the Chief Justice, make regulations regarding—

(a)

any matter that may be necessary or expedient to prescribe regarding the administrative functions of courts and the efficient and effective functioning and administration of the courts, including the furnishing of periodical returns of statistics relating to any aspect of the functioning and administration of courts and the performance of judicial functions;

(b)

the criteria to be applied for determining the number of judges to be appointed to the Supreme Court of Appeal and to any specific Division;

(c)

any protocol to be observed in respect of any process of consultation required in terms of this Act;

(d)

the determination of recess periods of the Superior Courts;

(e)

property not liable to be seized in execution, as contemplated in section 45;

(f)

the manner in which representatives of the magistracy must be engaged in the application of section 8.

(2) Any regulation made under subsection (1) must be submitted to Parliament before publication thereof in the Gazette.


Chapter 9

Transitional provisions, amendment and repeal of laws, and commencement


Existing High Courts

50. (1) On the date of the commencement of this Act, but subject to the issuing of any notice referred to in section 6(3)(a) or (c), the—

(a)

Eastern Cape High Court, Bhisho, becomes a local seat of the Eastern Cape Division;

(b)

Eastern Cape High Court, Grahamstown, becomes the main seat of the Eastern Cape Division;

(c)

Eastern Cape High Court, Mthatha, becomes a local seat of the Eastern Cape Division;

(d)

Eastern Cape High Court, Port Elizabeth, becomes a local seat of the Eastern Cape Division;

(e)

Free State High Court, Bloemfontein, becomes the main seat of the Free State Division;

(f)

KwaZulu-Natal High Court, Durban, becomes a local seat of the KwaZulu-Natal Division;

(g)

KwaZulu-Natal High Court, Pietermaritzburg, becomes the main seat of the KwaZulu-Natal Division;

(h)

Limpopo High Court, Thohoyandou, subject to subsection (2), becomes a local seat of the Limpopo Division;

(i)

Northern Cape High Court, Kimberley, becomes the main seat of the Northern Cape Division;

(j)

North Gauteng High Court, Pretoria, becomes the main seat of the Gauteng Division;