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Table of Contents
Superior Courts Act, 2013 (Act No. 10 of 2013)
Notice No. 615 of 2013
Act
Preamble
Chapter 1 : Introductory Provisions
1. Definitions
2. Objects and interpretation of Act
3. Introduction of legislation dealing with court structures
Chapter 2 : Constitutional Court, Supreme Court of Appeal and High Court of South Africa
4. Constitution and seat of Constitutional Court
5. Constitution and seat of Supreme Court of Appeal
6. Constitution of High Court of South Africa
7. Circuit Courts
Chapter 3 : Governance and administration of all courts
8. Judicial management of judicial functions
9. Access to courts, recess periods and attendance at courts
10. Finances
11. Appointment of officers and staff
Chapter 4 : Manner of arriving at decisions by Superior Courts
12. Manner of arriving at decisions by Constitutional Court
13. Manner of arriving at decisions by Supreme Court of Appeal
14. Manner of arriving at decisions by Divisions
Chapter 5 : Orders of constitutional invalidity, appeals and settlement of conflicting decisions
15. Referral of order of constitutional invalidity to Constitutional Court
16. Appeals generally
17. Leave to appeal
18. Suspension of decision pending appeal
19. Powers of court on hearing of appeals
20. Settlement of conflicting decisions in civil cases
Chapter 6 : Provisions applicable to High Court only
21. Persons over whom and matters in relation to which Divisions have jurisdiction
22. Grounds for review of proceedings of Magistrate's Court
23. Judgment by default
23A. Rescission of judgment with consent of plaintiff or where judgment debt has been paid
24. Time allowed for appearance
25. Circumstances in which security for costs shall not be required
26. Disposal of records and execution of judgments of Circuit Courts
27. Removal of proceedings from one Division to another or from one seat to another in same Division
28. Prohibition on attachment to found jurisdiction within Republic
Chapter 7 : Rules of court
29. Rules of Constitutional Court
30. Rules of Supreme Court of Appeal and High Court
Chapter 8 : General provisions applicable to all Superior Courts
Part 1 : Nature of courts
31. Nature of courts and seals
32. Proceedings to be carried on in open court
33. More than one court may sit at same time
Part 2 : Adducing of evidence and procedural matters
34. Certified copies of court records admissible as evidence
35. Manner of securing attendance of witnesses or production of any document or thing in proceedings and penalties for failure
36. Manner in which witness may be dealt with on refusal to give evidence or produce documents
37. Witness fees
38. Reference of particular matters for investigation by referee
39. Examination by interrogatories
40. Manner of dealing with commissions rogatoire, letters of request and documents for service originating from foreign countries
41. Court may order removal of certain persons
Part 3 : Process of Superior Courts
42. Scope and execution of process
43. Execution of process by sheriff
44. Electonic transmission of summonses, writs and other process
45. Property not liable to be seized in execution
46. Offences relating to execution
47. Issuing of summons or subpoena in civil proceedings against judge
48. Acting judges of Superior Courts
49. Regulations
Chapter 9 : Transitional provisions, amendment and repeal of laws, and commencement
50. Existing High Courts
51. Rules in existence immediately before commencement of Act
52. Pending proceedings when Act commences
53. References in other laws
54. Financial accountability
55. Repeal and amendment of laws
56. Short title and commencement
Schedules
Schedule 1 : Laws repealed (Section 55(1)(a))
Schedule 2 : Laws amended (Section 55(1)(b))
Regulations
Criteria for the Determination of the Judicial Establishment of the Supreme Court of Appeal and Divisions of the High Court of South Africa, 2015
Notice No. R. 26 of 2016
1. Definitions
2. Judicial establishment of Supreme Court of Appeal
3. Judicial establishment of Divisions of High Court of South Africa
4. Short title
Notices
Directives issued by the Chief Justice to prevent and curb the spread of the COVID-19
Notice No. 187 of 2020
[Repealed] Directives issued by the Chief Justice for the Management of Courts during the Lockdown Period
Notice No. 246 of 2020
A. Purpose
B. General
C. Criminal Trials
D. Civil Trials
E. Applications
F. Appeals
G. Applications for Leave to Appeal
H. Judicial Case Flow Management
I. Conclusion
Proclamations
Commencement of the Superior Courts Act, 2013 (Act No. 10 of 2013)
Proclamation No. R. 36 of 2013
"Division"
means any Division of the High Court;
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