Seventeenth Amendment of the Constitution of South Africa
April 10, 2024
The Seventeenth Amendment of the Constitution of South Africa (formally the Constitution Seventeenth Amendment Act of 2012) made a number of changes to the structure of the South African judiciary. The bill for the amendment was passed by the National Assembly on 20 November 2012 with the required two-thirds majority;[1] because it is a constitutional amendment not affecting the provinces it was not required to be voted on by the National Council of Provinces. The act was signed by PresidentJacob Zuma on 1 February 2013, and a presidential proclamation brought it into force on 23 August 2013.[2] The amendment came into force simultaneously with the Superior Courts Act, 2013, which implemented a major rationalisation and restructuring of the judicial system.
Act to amend the Constitution of the Republic of South Africa, 1996, so as to further define the role of the Chief Justice as the head of the judiciary; to provide for a single High Court of South Africa; to provide that the Constitutional Court is the highest court in all matters; to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal; to provide for the appointment of an Acting Deputy Chief Justice; and to provide for matters connected therewith.
The amendment declares that the Chief Justice is the head of the judiciary and is responsible for administrative oversight of the courts. It allows the appointment of a Constitutional Court judge as actingDeputy Chief Justice (DCJ) if the position is vacant or the DCJ is absent. It expands the jurisdiction of the Constitutional Court so that, as well as constitutional matters, the court will also have jurisdiction over other matters of general public importance that it chooses to hear. It also removes the jurisdiction of the Supreme Court of Appeal over appeals from the Labour Appeal Court and the Competition Appeal Court. It alters references to the High Courts so that they are regarded as divisions of a single High Court of South Africa rather than separate courts.
Referencesedit
^"Constitution Seventeenth Amendment Bill (Second Reading debate)". Parliamentary Debates (Hansard). Republic of South Africa: National Assembly. 20 November 2012. p. 47. Retrieved 16 May 2020.
^"Zuma signs law on courts". News24. SAPA. 23 August 2013. Retrieved 25 August 2013.
External linksedit
Wikisource has original text related to this article:
Constitution Seventeenth Amendment Act of 2012
Official text (PDF)
April 10, 2024
seventeenth, amendment, constitution, south, africa, formally, constitution, seventeenth, amendment, 2012, made, number, changes, structure, south, african, judiciary, bill, amendment, passed, national, assembly, november, 2012, with, required, thirds, majorit. The Seventeenth Amendment of the Constitution of South Africa formally the Constitution Seventeenth Amendment Act of 2012 made a number of changes to the structure of the South African judiciary The bill for the amendment was passed by the National Assembly on 20 November 2012 with the required two thirds majority 1 because it is a constitutional amendment not affecting the provinces it was not required to be voted on by the National Council of Provinces The act was signed by President Jacob Zuma on 1 February 2013 and a presidential proclamation brought it into force on 23 August 2013 2 The amendment came into force simultaneously with the Superior Courts Act 2013 which implemented a major rationalisation and restructuring of the judicial system Constitution Seventeenth Amendment Act of 2012Parliament of South AfricaLong title Act to amend the Constitution of the Republic of South Africa 1996 so as to further define the role of the Chief Justice as the head of the judiciary to provide for a single High Court of South Africa to provide that the Constitutional Court is the highest court in all matters to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal to provide for the appointment of an Acting Deputy Chief Justice and to provide for matters connected therewith Passed byNational AssemblyPassed20 November 2012Assented to1 February 2013Commenced23 August 2013Legislative historyBill titleConstitution Seventeenth Amendment BillBill citationB6 2011Introduced byJeff Radebe Minister of Justice and Constitutional DevelopmentIntroduced2 June 2011AmendsConstitution of the Republic of South Africa 1996Related legislationSuperior Courts Act 2013Status In forceProvisions editThe amendment declares that the Chief Justice is the head of the judiciary and is responsible for administrative oversight of the courts It allows the appointment of a Constitutional Court judge as acting Deputy Chief Justice DCJ if the position is vacant or the DCJ is absent It expands the jurisdiction of the Constitutional Court so that as well as constitutional matters the court will also have jurisdiction over other matters of general public importance that it chooses to hear It also removes the jurisdiction of the Supreme Court of Appeal over appeals from the Labour Appeal Court and the Competition Appeal Court It alters references to the High Courts so that they are regarded as divisions of a single High Court of South Africa rather than separate courts References edit Constitution Seventeenth Amendment Bill Second Reading debate Parliamentary Debates Hansard Republic of South Africa National Assembly 20 November 2012 p 47 Retrieved 16 May 2020 Zuma signs law on courts News24 SAPA 23 August 2013 Retrieved 25 August 2013 External links edit nbsp Wikisource has original text related to this article Constitution Seventeenth Amendment Act of 2012 Official text PDF Retrieved from https en wikipedia org w index php title Seventeenth Amendment of the Constitution of South Africa amp oldid 957049234, wikipedia, wiki, book, books, library,
