Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part I : Courts

Chapter I : Establishment and Nature of Courts

2. Minister’s powers relative to districts, regional divisions and courts

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(1)The Minister may, by notice in the Gazette
(a)creates districts, define the local limits of each district, which may consist of various non-contiguous areas, and determine the name by which any district shall be known;
(b)create regional divisions consisting of a number of districts, or of a district together with one or more sub-districts, and declare the name by which any regional division shall be known;
(c)increase or decrease the local limits of any district;
(d)increase or decrease the local limits of any district;
(e)for all purposes or for such purposes as he or she may declare, annex any district or any portion thereof to another district;
(eA)for all purposes or for such purposes as he or she may declare, annex any regional division or any portion thereof to another regional division;
(f)establish a court for any district for the purposes of—
(i)the trial of persons accused of committing any offence which shall have jurisdiction contemplated in sections 89 and 92; and
(ii)adjudicating civil disputes contemplated in section 29(1);
(g)establish a court for any regional division for the purposes of—
(i)the trial of persons accused of committing any offence, which shall have increased jurisdiction contemplated in sections 89 and 92; and
(ii)adjudicating civil disputes contemplated in section 29(1) and 29(1B);
(h)appoint one or more places within each district for the holding of a court for such district, and may by like notice prescribe the local limits of an area in a district, which area may include any portion of an adjoining district, and declare the name by which such area shall be known, and appoint one or more places in such area for the holding of a court for such district; of which places, if more than one is appointed, one shall be specified as the seat of the magistracy;
(i)appoint one or more places in each regional division for the holding of a court for the adjudication of offences contemplated in section 89(2);
(iA)appoint one or more places within each regional division for the holding of a court for the adjudication of civil disputes contemplated in—
(i)section 29(1); or
(ii)section 29(1B); or
(iii)section 29(1) and (1B),

and prescribe the local limits within which such courts shall have jurisdiction, and may include within those limits any portion of an adjoining regional division;

(j)within any district appoint places other than the seat of magistracy for the holding of periodical courts, and prescribe the local limits within which such courts shall have jurisdiction, and include within those limits any portion of an adjoining district;
(k)detach a portion of a district or portions of two or more adjoining districts as a sub-district to form the area of jurisdiction of a detached court, and declare the name by which such sub-district shall be known, and appoint the places where such detached court is to be held;
(l)withdraw or vary any notice under this section and abolish any regional division, district, sub-district or other area of jurisdiction and the court thereof.

 

(2)The Minister may, by notice in the Gazette and after consultation with the Magistrates Commission, join any group of districts together to create an administrative region for administrative purposes.

 

[Section 2 substituted by section 2 of Act No. 31 of 2008]