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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Part 7 : General Provisions

91A. Designation and training of presiding officers

 

 

(1)

(a) The head of an administrative region defined in section 1 of the Magistrate's Courts Act, 1944 ( Act 32 of 1944 ), must, subject to subsection (2), designate in writing any magistrate or additional magistrate as a presiding officer of a Magistrate's Court designated by the Minister in terms of section 1 of this Act.
(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) Only a magistrate or additional magistrate who has completed a training course—
(a) before the date of commencement of this section; or
(b) as contemplated in subsection (5),

and whose name has been included on the list contemplated in subsection (4) (a) , may be designated in terms of subsection (1).

 

(3) The heads of administrative regions must—
(a) 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; and
(b) without delay, inform the Director-General: Justice and Constitutional Development of any magistrate or additional magistrate who has completed a training course as contemplated in subsections (5) and (6) or who has been designated in terms of subsection (1).

 

(4) The Director-General: Justice and Constitutional Development must compile and keep a list of every magistrate or additional magistrate who has—
(a) completed a training course as contemplated in subsections (5) and (6); or
(b) been designated as a presiding officer of a magistrate's court contemplated in subsection (1).

 

(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 referred to 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).

 

[Section 91A inserted by section 2 of Act 54 of 2002.]