Page:Superior Courts Act 2013.pdf/7

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(5) Any protocol or directive in terms of subsection (3)—

(a)

may only be issued by the Chief Justice if it enjoys the majority support of the heads of those courts on which it would be applicable; and

(b)

must be published in the Gazette.

(6) The judicial functions referred to in subsection (2) and subsection (4)(b) include the—

(a)

determination of sittings of the specific courts;

(b)

assignment of judicial officers to sittings;

(c)

assignment of cases and other judicial duties to judicial officers;

(d)

determination of the sitting schedules and places of sittings for judicial officers;

(e)

management of procedures to be adhered to in respect of—

(i)

case flow management;

(ii)

the finalisation of any matter before a judicial officer, including any outstanding judgment, decision or order; and

(iii)

recesses of Superior Courts.

(7) The Chief Justice may designate any judge to assist him or her in his or her judicial leadership functions.

Access to courts, recess periods and attendance at courts

9. (1) All Superior Courts—

(a)

must be open to the public every business day; and

(b)

may perform the functions of the court on any Saturday, Sunday or public holiday as may be required from time to time.

(2) Superior Courts may have such recess periods as may be determined by the Chief Justice in consultation with the heads of court and the Minister in order to enable judges to do research and to attend to outstanding or prospective judicial functions that may be assigned to them.

(3) During each recess period, the head of each court must ensure that an adequate number of judges are available in that court to deal with any judicial functions that may be required, in the interests of justice, to be dealt with during that recess period.

(4) Subject to subsections (1) and (2), the head of each Superior Court is responsible to—

(a)

ensure that sufficient judges of that court are available to conduct the business of the court at all times that the court is open for business;

(b)

issue directions to the judges of that court with respect to their attendance at the court and absences from the court during recess periods;

(c)

approve any extraordinary absence of a judge from the court; and

(d)

keep a register, in the prescribed manner and form, of vacation periods allocated to, or extraordinary absence approved for, a judge of that court.

Finances

10. Expenditure in connection with the administration and functioning of the Superior Courts must be defrayed from moneys appropriated by Parliament.

Appointment of officers and staff

11. (1) (a) Subject to paragraph (b), the Minister must appoint for the Constitutional Court, the Supreme Court of Appeal and each Division a court manager, one or more assistant court managers, a registrar, assistant registrars and other officers and staff whenever they may be required for the administration of justice or the execution of the powers and authorities of the said court.

(b) Any appointment by the Minister in terms of paragraph (a) must be made—

(i)

in consultation with the head of court; and

(ii)

in accordance with the laws governing the public service.

(c) A court manager is the senior executive officer of the court where he or she has been appointed, and exercises administrative control over the other persons referred to in paragraph (a), and, under the control and direction of the head of court concerned performs such other functions as may be determined by the Secretary-General and the Chief Justice.