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

Part I : Courts

Chapter I : Establishment and Nature of Courts

7. Public access to records and custody thereof

 

(1) Subject to the provisions of section 7A and the rules the records of the court, other than a record with reference to which a direction has been issued under section 153(2) or 154(1) of the Criminal Procedure Act, 1977, or with reference to which the provisions of section 154(2)(a) or 154(3) of that Act apply, shall be accessible to the public under supervision of the clerk of the court at convenient times and upon payment of the fees prescribed from time to time by the Minister in consultation with the Minister of Finance, and for this purpose and for all other purposes the records of any magistrate's court which has at any time existed within the Republic, shall be deemed to be the records of the court of the district in which the place where such court was held is situated, and such records shall be preserved at the seat of magistracy of that district for such periods as the Director-General: Justice may from time to time determine: Provided that the said Director-General may order that the records of a court for any regional division shall be so preserved at such a place or places within that division as he may from time to time determine: Provided further that payment of such fees shall not be required from any person who satisfies the magistrate of the district where the records of the court are preserved, or any judicial officer designated by the said magistrate from among the members of his staff, that he desires access to the records of the court in connection with research for academic purposes.

 

(2) The Director-General: Justice may order that after expiry of the periods referred to in subsection (1) the records so preserved be removed to a central place of custody or be destroyed or otherwise disposed of.

 

[Section 7 substituted by section 1 of Act No. 25 of 1987]