Superior Courts Act, 2013 (Act No. 10 of 2013)Chapter 3 : Governance and administration of all courts8. Judicial management of judicial functions |
| (1) | For the purpose of any consultation regarding any matter referred to in this section, the Chief Justice may convene any forum of judicial officers that he or she deems appropriate. |
| (2) | The Chief Justice, as the head of the judiciary as contemplated in section 165(6) of the Constitution, exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts. |
| (3) | The Chief Justice may, subject to subsection (5), issue written protocols or directives, or give guidance or advice, to judicial officers— |
| (a) | in respect of norms and standards for the performance of the judicial functions as contemplated in subsection (6); and |
| (b) | regarding any matter affecting the dignity, accessibility, effectiveness, efficiency or functioning of the courts. |
| (4) |
| (a) | Any function or any power in terms of this section, vesting in the Chief Justice or any other head of court, may be delegated to any other judicial officer of the court in question. |
| (b) | The management of the judicial functions of each court is the responsibility of the head of that court. |
| (c) | Subject to subsections (2) and (3), the Judge President of a Division is also responsible for the co-ordination of the judicial functions of all Magistrates’ Courts falling within the jurisdiction of that Division. |
| (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. |