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

Item No.

No. and year of law

Short title

Extent of amendment

1

Act No. 107 of 1985

Rules Board for Courts of Law Act, 1985

1. Amendment of section 3 by the substitution for paragraph (a) of subsection (1) of the following paragraph:

‘‘(a) [a judge of the Constitutional Court, the Supreme Court of Appeal or a High Court, whom

the Minister designates] the Chief Justice as the chairperson;’’.

2. Amendment of section 6—

(a) by the substitution for the words preceding paragraph (a) of subsection (1) of the following words:

‘‘The Board may, with a view to the efficient, expeditious and uniform administration of justice in the Supreme Court of Appeal, the [High Courts and the lower courts] High Court of South Africa and the Lower Courts, from time to time on a regular basis review existing rules of court and, subject to the approval of the Minister, make, amend or repeal rules for the Supreme Court of Appeal, the [High Courts and the lower courts] High Court of South Africa and the Lower Courts regulating—’’;

(b) by the substitution for paragraph (e) of subsection (1) of the following paragraph:

‘‘(e) the practice and procedure in connection with the reference of any matter to a referee under [section 19 of the Supreme Court Act, 1959 (Act No. 59 of 1959)] section 38 of the Superior Courts Act, 2013, and the remuneration payable to any such referee;’’;

(c) by the substitution for paragraph (p) of subsection (1) of the following paragraph:

‘‘(p) the custody and disposal of records or minutes of evidence and proceedings in the Supreme Court of Appeal and the [High Courts] High Court of South Africa;’’;

(d) by the substitution for paragraph (t) of subsection (1) of the following paragraph:

‘‘(t) generally any matter which may be necessary or useful to be prescribed for the proper despatch and conduct of the functions of the Supreme Court of Appeal, the [High Courts and the lower courts] High

Court of South Africa and the Lower Courts in civil as well as in criminal proceedings.’’;

(e) by the substitution for paragraph (a) of subsection (2) of the following paragraph:

‘‘(a) Different rules may be made in respect of the Supreme Court of Appeal, the [High Courts and the lower courts] High Court of South Africa and the Lower Courts and in respect of different kinds of proceedings.’’;

(f) by the deletion of subparagraph (i) of subsection (2)(b); and

(g) by the substitution for subparagraph (ii) of subsection (2)(b) of the following subparagraph:

‘‘(ii) the different [High Courts] Divisions of the High Court of South Africa; or’’.

2

Act No. 66 of 1995

Labour Relations Act, 1995

1. Amendment of section 151 by the substitution for subsection (2) of the following subsection:

‘‘(2) The Labour Court is a superior court that has authority, inherent powers and standing, in relation to matters under its jurisdiction, equal to that which a court of a [provincial division] Division of the [Supreme Court] High Court of South Africa has in relation to matters under its jurisdiction.’’.

2. Amendment of section 154—

(a) by the substitution for subsection (1) of the following subsection:

‘‘(1) A judge of the Labour Court [must be appointed for a period determined by the President at the time of appointment] holds office until discharged from active service in terms of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001).’’;

(b) by the substitution for subsection (2) of the following subsection:

‘‘(2) A judge of the Labour Court who is also a judge of the High Court may resign as a judge of the Labour Court by giving written notice to the President.’’;

(c) by the deletion of subsection (3);

(d) by the substitution for subsection (4) of the following subsection:

‘‘(4) Neither the tenure of office nor the remuneration and terms and conditions of appointment applicable to a judge of the High Court in terms of the Judges’ Remuneration and Conditions of Employment Act, [1989 (Act No. 88 of 1989)] 2001, is affected by that judge’s appointment and concurrent tenure of office as a judge of the Labour Court.’’;

(e) by the substitution for subsection (5) of the following subsection:

‘‘(5) [(a) The remuneration payable to a judge of the Labour Court who is a person referred to

in section 153(6)(a)(ii), must be the same as that payable to a judge of the High Court.

(b) The terms and conditions of appointment of a judge of the Labour Court referred to in paragraph (a) must be similar to those of a judge of the High Court] The Judges’ Remuneration and Conditions of Employment Act, 2001, as applicable to a judge of the High Court, apply, read with the changes required by the context, to a judge of the Labour Court who is not a judge of the High Court.’’;

(f) by the deletion of subsection (7);

(g) by the substitution for subsection (9) of the following subsection:

‘‘(9) The provisions of subsections [(2) to (8)] (4), (5), (6) and (8) apply, read with the changes required by the context, to acting judges appointed in terms of section 153(5).’’; and

(h) by the addition of the following subsection:

‘‘(10)(a) Any judge of the Labour Court holding office immediately before the commencement of Schedule 2 of the Superior Courts Act, 2013, who is not a judge of the High Court, may not later than 30 days after such commencement, inform the Minister of Justice in writing that he or she chooses to continue in office in terms of this section as it existed prior to such commencement.

(b) Any judge referred to in paragraph (a) who does not choose to continue in office in terms of this section as it existed prior to such commencement—

(i) shall continue to hold that office in accordance with this section as amended by Schedule 2 to the Superior Courts Act, 2013; and

(ii) his or her period of service as a Labour Court judge prior to such commencement shall, for the purposes of the Judges’ Remuneration and Conditions of Employment Act, 2001, be deemed to be active service as contemplated in that Act.’’.

3. Amendment of section 170—

(a) by the substitution for subsection (2) of the following subsection:

‘‘(2) A judge of the Labour Appeal Court may resign from that office by giving written notice to the President.’’;

(b) by the substitution for subsection (4) of the following subsection:

‘‘(4) Neither the tenure of office nor the remuneration and terms and conditions of appointment applicable to a judge of the High Court in terms of the Judges’ Remuneration and Conditions of Employment Act, [1989 (Act No. 88 of 1989)] 2001 (Act No. 47 of 2001), is affected by that judge’s appointment and concurrent tenure of office as a judge of the Labour Appeal Court.’’; and

(c) by the deletion of subsection (5).