Superior Courts Act, 2013 (Act No. 10 of 2013)

Chapter 1 : Introductory Provisions

1. Definitions

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In this Act, unless the context otherwise indicates—

 

"appeal"

in Chapter 5, does not include an appeal in a matter regulated in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or in terms of any other criminal procedural law;

 

"business day"

means a day that is not a public holiday, Saturday or Sunday;

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

 

"Department"

means the Department responsible for the administration of justice;

 

"Director-General"

means the Director-General of the Department;

 

"Division"

means any Division of the High Court;

 

"full court"

in relation to any Division, means a Court consisting of three judges;

 

"head of court"

in relation to—

(i)the Constitutional Court, means the Chief Justice;
(ii)the Supreme Court of Appeal, means the President of that Court;
(iii)any Division of the High Court, means the Judge President of that Division; and
(iv)any court of a status similar to the High Court, the most senior judge of such court;

 

"High Court"

means the High Court of South Africa referred to in section 6(1);

 

"judicial officer"

means any person referred to in section 174(1) of the Constitution;

 

"Judicial Service Commission"

means the Judicial Service Commission referred to in section 178 of the Constitution;

 

"Magistrates’ Court"

means any court established in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);

 

"Minister"

means the Cabinet member responsible for the administration of justice;

 

"plaintiff"

includes any applicant or other party who seeks relief in civil proceedings;

 

"prescribed"

means prescribed by regulation made in terms of this Act;

 

"President"

means the President of the Republic of South Africa;

 

"registrar"

means the registrar of the Constitutional Court, the Supreme Court of Appeal or any Division of the High Court, as the case may be, and includes an assistant registrar;

 

"rules"

means the applicable rules of court;

 

"Rules Board"

means the Rules Board for Courts of Law, established by the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985);

 

"Secretary-General"

means the head of the Office of the Chief Justice, referred to in Column 2 of Schedule 1 to the Public Service Act, 1994 (Proclamation No. 103 of 1994);

 

"Superior Court"

means the Constitutional Court, the Supreme Court of Appeal, the High Court and any court of a status similar to the High Court;

 

"this Act"

includes any regulation.