JURISDICTION OF REGIONAL COURTS AMENDMENT BILL ARMSASUBMISSIONS

Introduction ARMSA supports the objects of this Bill fully ARMSA supports the objects of this Bill fully ARMSA is committed to provide guidance and training to all regional magistrates ARMSA is committed to provide guidance and training to all regional magistrates

Purpose of Bill Enhance access to justice by conferring jurisdiction on courts for regional divisions which are distributed throughout the country to deal with certain civil matters, incl. matters currently dealt with by the Divorce Courts under s 10 of the Administration Amendment Act, Enhance access to justice by conferring jurisdiction on courts for regional divisions which are distributed throughout the country to deal with certain civil matters, incl. matters currently dealt with by the Divorce Courts under s 10 of the Administration Amendment Act, To promote the development of judicial expertise among the ranks of magistrates with the view to broadening the pool of fit and proper persons qualifying for appointment to superior courts To promote the development of judicial expertise among the ranks of magistrates with the view to broadening the pool of fit and proper persons qualifying for appointment to superior courts

ARMSA SUBMITS: That this Bill should rather be in accordance with the legislation relevant to civil actions in the High Courts for the following reasons: That this Bill should rather be in accordance with the legislation relevant to civil actions in the High Courts for the following reasons: –The Bill in its present form will perpetuate the perception of inequality, due to the fact that different rules would be applicable to divorce matters in the regional courts to those in the high courts. –In having as its purpose the promotion of judicial expertise to broaden the pool of magistrates who could qualify as fit and proper persons for appointment to the superior courts it would be of a greater advantage if the regional magistrates engaged with the Supreme Court Act and Rules from inception.

-If the Regional courts were allowed to carry out their functions in line with the legislation of the Higher Courts then they could also assist in presiding over matters arising from the Promotion of Administrative Justice Act and Promotion of Access to Information Act -If the Regional courts were allowed to carry out their functions in line with the legislation of the Higher Courts then they could also assist in presiding over matters arising from the Promotion of Administrative Justice Act and Promotion of Access to Information Act At present magistrates incl. Regional magistrates are unable to do these applications until the rules have been finalized and these rules are already approx. six years in the making. At present magistrates incl. Regional magistrates are unable to do these applications until the rules have been finalized and these rules are already approx. six years in the making. If regional courts receive jurisdiction in terms of SCA & Rules, they can do these applications in terms of Rule 6 If regional courts receive jurisdiction in terms of SCA & Rules, they can do these applications in terms of Rule 6 –Minor amendments to these Acts would be required to include Regional Courts

Prevention of Organized Crime Act Regional Courts can at present grant confiscation orders in terms of s 18 of POCA Regional Courts can at present grant confiscation orders in terms of s 18 of POCA By allowing applications in terms of the SCA & Rules, regional courts can be granted jurisdiction to preside over preservation of property orders, restraint orders, forfeiture orders & realization orders By allowing applications in terms of the SCA & Rules, regional courts can be granted jurisdiction to preside over preservation of property orders, restraint orders, forfeiture orders & realization orders This would assist to alleviate the burden of busy High Court rolls and eliminate the current procedure to go to different forums for different orders This would assist to alleviate the burden of busy High Court rolls and eliminate the current procedure to go to different forums for different orders

Time periods & Costs Regional Courts have provincial jurisdiction, which covers numerous districts, and the time periods in the MCA & Rules would be too short for litigants to comply with due to greater distances. The time periods in terms of the SCA & Rules are more appropriate. Regional Courts have provincial jurisdiction, which covers numerous districts, and the time periods in the MCA & Rules would be too short for litigants to comply with due to greater distances. The time periods in terms of the SCA & Rules are more appropriate. A separate tariff of costs for the Regional Courts should be drafted taking into account the need to promote access to justice A separate tariff of costs for the Regional Courts should be drafted taking into account the need to promote access to justice

Concluding remarks ARMSA respectfully submits that serious consideration be given to amend relevant legislation in order to recognise the de facto status of the regional court as an intermediate court, and not a lower court. ARMSA respectfully submits that serious consideration be given to amend relevant legislation in order to recognise the de facto status of the regional court as an intermediate court, and not a lower court.

Civil Jurisdiction Training Implementation Plan

Civil Training for Regional Magistrates Core groups to be trained by end of Aug Core groups to be trained by end of Aug –Will have trained RM in each province Course: 4 modules of 1 week each (Total 4 weeks) Course: 4 modules of 1 week each (Total 4 weeks) Basic material to be provided beforehand Basic material to be provided beforehand Course consisting of lectures, group discussions, practical work, moot courts, assignments, skills training, leadership, aspects of CFM Course consisting of lectures, group discussions, practical work, moot courts, assignments, skills training, leadership, aspects of CFM Course development with experts, stake holders Course development with experts, stake holders Will use guest lecturers, incl judges, academics, practitioners Will use guest lecturers, incl judges, academics, practitioners

Civil Training for Regional Magistrates All Regional Magistrates must attend civil training All Regional Magistrates must attend civil training Attendance incremental Attendance incremental Must attend all 4 x 1 week modules (4 weeks over 2 – 3 month period) Must attend all 4 x 1 week modules (4 weeks over 2 – 3 month period) 20 participants per course 20 participants per course Planning to ensure that everybody can attend – with minimal interference courts Planning to ensure that everybody can attend – with minimal interference courts Must have about 17 courses in to reach all Must have about 17 courses in to reach all

Complimentary Training Civil Training for current RM Civil Training for current RM –Curriculum Development & planning workshop Court & Case Flow Management Workshops Court & Case Flow Management Workshops –Incl. consultative workshops with stakeholders and other relevant role players Training for Court & Case Flow Management Coordinators Training for Court & Case Flow Management Coordinators Training of Facilitators for Judicial Skills Enhancement Programme Training of Facilitators for Judicial Skills Enhancement Programme Judicial Skills Enhancement Programmes Judicial Skills Enhancement Programmes Criminal Court Mentors training programme Criminal Court Mentors training programme Civil Court Mentors training programme Civil Court Mentors training programme