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Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)

9A. Designation and training of presiding officers

 

1)
a) The head of an administrative region defined in section 1 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), must designate in writing any magistrate or additional magistrate as a presiding officer of the Magistrate’s Court designated by the Minister in terms of section 1 of this Act.

[Section 9A(1)(a) substituted by section 29(a) of Act No. 8 of 2017]

b) A presiding officer must perform the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law.

 

2) [Section 9A(2) deleted by section 29(b) of Act No. 8 of 2017]

 

3) The heads of administrative regions must take all reasonable steps within available resources to designate at least one presiding officer for each magistrate’s court within his or her area of jurisdiction which has been designated by the Minister in terms of section 1.

[Section 9A(3) substituted by section 29(c) of Act No. 8 of 2017]

 

4) [Section 9A(4) deleted by section 29(d) of Act No. 8 of 2017]

 

5) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.

 

6) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (5).

 

7) The Minister must table a report in Parliament, as prescribed. Relating to the content and implementation of the training courses referred to in subsections (5) and (6).

 

8) The provisions of section 12(6) and (8) of the Magistrates' Court Act, 1944 (Act No. 32 of 1944), are applicable with the necessary changes required by the context.

[Section 9A(8) substituted by section 29(e) of Act No. 8 of 2017]