(1) Subject to subsection (2), the Minister may by notice in the Gazette designate any —
| (a) |
Division of the High Court of South Africa or the main seat of any local seat of a Division referred to in section 6 of the Superior Courts Act, 2013 (Act No. 10 of 2013); or |
| (b) |
Magistrate's Court, as defined in section 1 of the Superior Courts Act, 2013 at which a sexual offences court must be established. |
[Section 55A(1) substituted by section 38(a) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (2) |
The Minister must exercise the power provided for in subsection (1)— |
| (a) |
in consultation with the Chief Justice, who must consult— |
| (i) |
if a Division of the High Court of South Africa or the main seat or any local seat thereof, is to be designated, the Judge President of the Division; or |
| (ii) |
if a court for a regional division, referred to in section 2(g) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), is to be designated, the Judge President and the magistrate at the head of a regional division; or |
| (iii) |
if a court for a district, referred to in section 2(f) of the Magistrates’ Courts Act, 1944, is to be designated, the Judge President and the head of the administrative region contemplated in the Magistrates’ Courts Act, 1944; |
| (b) |
after consultation with the National Director of Public Prosecutions. |
[Section 55A(2) substituted by section 38(a) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (3) |
Subject to subsection (4) or any other law regulating the jurisdiction of a court, the area of jurisdiction of a court designated in terms of subsection (1), is the area of jurisdiction determined in terms of section 2 of the Magistrate’s Courts Act, 1944, in respect of a Magistrate’s Court or in terms of section 6(3) of the Superior Courts Act, 2013, in respect of a Division of the High Court or a seat thereof. |
| (4) |
The Minister may, taking into account the provisions of sections 2(1)(c) and 8 of the Superior Courts Act, 2013, in and after consultation with the persons referred to in subsection (2), by notice in the Gazette, increase or decrease the area of jurisdiction of any Magistrate’s Court designated in terms of subsection (1). |
| (5) |
This section does not preclude any court referred to in subsection (1)(a) or (b) from dealing with the matters referred to in that subsection if it has not been established as a sexual offences court. |
[Section 55A(5) substituted by section 38(b) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (6) |
The facilities, measures, services and requirements as prescribed by the Minister by regulation made in terms of section 67 in respect of sexual offences cases and the courts established as sexual offences courts in terms of subsection (1), must be in place and complied with, within the periods as may be prescribed by the Minister. |
[Section 55A(6) inserted by section 38(c) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (7) |
Upon establishing a court as a sexual offences court in terms of subsection (1), the following persons must ensure that sexual offences cases in that court receive priority and must, for this purpose, issue directives to the judicial officers of that court: |
| (a) |
In the case of a Division of the High Court of South Africa or the main seat or any local seat thereof, the Judge President of the Division; |
| (b) |
in the case of a court for a regional division, the magistrate at the head of a regional division referred to in subsection (2)(a)(ii); or |
| (c) |
in the case of a court for a district, the head of the administrative region referred to in subsection (2)(a)(iii). |
[Section 55A(7) inserted by section 38(c) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (8) |
The directives referred to in subsection (7) may only be issued— |
| (a) |
after consultation with the National Director of Public Prosecutions; and |
| (b) |
with the approval of the Chief Justice. |
[Section 55A(8) inserted by section 38(c) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (9) |
The Chief Justice must monitor the application of the directives issued in terms of subsection (8). |
[Section 55A(9) inserted by section 38(c) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
Implementation of Geneva Conventions Act, 2012
