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

Part III : Criminal Matters

Chapter XII : Criminal Jurisdiction

93quat. Regulations pertaining to assessors
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(1)The Minister has the power, from time to time, to determine the criteria for the qualification of persons to serve as assessors in terms of section 93ter, including the criteria for the disqualification of persons to serve as such assessors.

 

(2)        The Minister may make regulations regarding—

(a)the procedure to be followed at, and criteria to be applied for, the designation and registration of persons from the community, who are suitable and available to serve as assessors in terms of section 93ter, on a roll of assessors for each district and regional division;
(b)the method to be followed in respect of the allocation of assessors in respect of proceedings referred to in section 93ter;
(c)a code of conduct for such assessors, and mechanisms for the enforcement of the code of conduct, including the liability of an assessor if any provision of the code of conduct is contravened by him or her;
(d)the establishment of a mechanism to deal with any grievance or complaint by or against an assessor;
(e)training of assessors;
(f)the payment of allowances to assessors;
(g)any other matter which the Minister deems expedient to prescribe in order to regulate the service of assessors in the courts.

 

(3)Any regulation made under this section which may result in expenditure for the State, shall be made in consultation with the Minister of Finance.

 

(4)A regulation made under subsection (1)(c) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding three months.

 

(5)        Any regulation made under this section shall be tabled in Parliament before publication thereof in the Gazette.

 

[Section 93quat inserted by section 3 of the Magistrates' Courts Amendment Act No. 67 of 1998, which will be put into operation by proclamation]