SUPERIOR COURTS BILL, 2010

For transforming outstanding aspects of the Judicial System

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STRUCTURE OF THE PRESENTATION Judicial Reform as a constitutional

imperatives The main thrust of the Bills Key clauses of the Bills Impact of the proposed legislation on

the labour court dispensation Implementation & envisaged timelines

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Constitutional imperative

• The Bills seeks to:- address the outstanding transformational aspects

to further enhance the independence, impartiality, dignity, accessibility, effectiveness, efficiency of the administration of justice(chapter 8)

- Give effect to the mandate of the Minister to manage, in consultation with the JSC, a process for the rationalisation of the composition, structures and areas of jurisdiction of the courts (Item 16(6))

- Promote the right of access to court (s34)

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Main thrust of the Bills

The Constitution Amendment Bill seeks to:- provide a governance framework for the judiciary as an separate Branch Government and to enhance its independence- provides a constitutional framework for processing the Superior Courts Bill

The Superior Courts Bill seeks to:- establish a single, seamless Superior Court system which is consistent with the constitutional framework - strengthen the judicial leadership role of the Chief Justice which he exercises with the Heads of Courts- strengthen the administration of the office of the chief justice and the enhancement of institutional independence- affirms the leading role of the judiciary and the complimentary roles of the Executive and the legislature in rule-making

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The Superior Courts Bill, 2010

s 7 – Constitution, seats of General Divisions s 8 – Constitution, seats of Special Divisions

including Labour Matters Special Division s 11 – Judicial management functions - Development of norms and standards by Chief

Justice and issuing of protocols and directives with the support of Heads of Courts

- Judge President of Division to co-ordinate judicial functions of lower courts in jurisdiction

- Description of judicial functions to avoid confusion with administrative functions

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Superior Courts Bill, 2010s 8(1)(d) – Labour Matters Special Division

- national jurisdiction

- Have seat/seats as determined by the Minister

- can sit anywhere other than the seat- Comprise of President & judges of the

General Division (substantive comments on the provision)

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Superior Courts Bill, 2010 s 18(1)(d) – Supreme Court of Appeal to have

extended appeal jurisdiction in respect of over Labour Matters Special Division

s19- referral of labour matters from General Division to special labour court

s24(1) Full bench appeals in relation to Labour Matters Special Division

S24(5) members of employers and employees have audience in the courts (strong views expressed not to erode the right of representation by trade union)

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Superior Courts Bill, 2010s 26 (1) (a) appeals from DECISIONS OF

Labour Matters Special Division lie with SCA

s 27 – subject to leave of appeals19- referral of labour matters from

General Division to special labour courtS32(a) jurisdiction of Labour Special

Division (exclusive)

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Superior Courts Bill, 2010 s 40(1) – uniform rule making

- rules of General and Special to be made by one functionary

(a) appeals from DECISIONS OF Labour Matters Special Division lie with SCA

s 27 – subject to leave of appeal s19- referral of labour matters from General

Division to special labour court S32(a) jurisdiction of Labour Special Division

(exclusive)

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Impact of the SCB on labour court dispensation

Integration of the Labour Appeal Court into the SCAto harmonise the appeal dispensation and to reduce levels of appeals which work against an indigent litigant

Full bench Appeals to increase access to justice, in particular, reduce the protracted appeal structure ensure expediency

The current 13 High Courts will be reconstituted into 1 High Court with a Division in every province

Every Division to have one or more seats to ensure territorial access

Special Division, Labour Special Division to sit at the premises of the General Division

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Impact on transformation

Outcome of the rationalisation process on the High Court Structure:

- The current 13 High Courts does not include the Limpopo High Court sought to be established, and Mpumalanga. The Limpopo High Court in Thohoyandou is not servicing Limpopo, but the territory of what used to be the Venda territory

- The court infrastructure of the four separate Labour Courts could be used as additional seats of the General Division

- Bisho will be seat of the Division of the Court in the Eastern Cape Province to facilitate access and easy coordination between the Branches of Government. The court infrastructure at the Justice Palace in North Gauteng and Grahamstown could be used of Circuit Courts of the Supreme Court of Appeal which would not only be transformational but would increase access to justice and would result in cost savings

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Process & Deadlines

Deadline for comments – end of June Evaluation report of comments – end Aug Tabling before Nedlac – early Sept Resubmission to Cabinet (of revised Bill – end

Sept ) Certification and tabling in Parliament – Oct 2010 Parliamentary Process Nov 10 – March 2011 Promulgation and implementation – April 2011

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THANK YOU

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