Superior Courts

Updated:

2012-03-06

Note on progress:

Tabled in National Assembly on 2 June 2011 - further details in Bill Tracker (access for subscribers, or purchase this document)

Preliminary documents:

Department of Justice and Constitutional Development Working Draft (2003)
2003 Draft Bill: Access for Policy Documents subscribers, or purchase this document
2003 Explanatory summary: Published in GG 25282 of 30 July 2003 - access for Government Gazette subscribers, or purchase this document
Submission by the Law Society of South Africa (2003-09-18)
2003 Bill: Access for Bill Tracker subscribers, or purchase this document
Access for Policy Documents subscribers - search for the title 'Superior Courts Bill', or purchase these documents
Cosatu submission (2003-10-15)

Originator:

Minister of Justice and Constitutional Development

Committees:

Portfolio Committee on Justice and Constitutional Development

Draft Bill

Draft bill full text:

Published in GG 33216 of 21 May 2010 (together with the Constitution Nineteenth Amendment Bill) - access for Government Gazette subscribers, or purchase this document)

Year of publication:

2010

Publication for comment (draft bill):

Published in GG 33216 of 21 May 2010 (together with the Constitution Nineteenth Amendment Bill) - access for Government Gazette subscribers, or purchase this document)

Hearings, briefings and submissions on draft bill:

Joint SECTION27 and LRC submission on the draft Constitution Nineteenth Amendment Bill and the Superior Courts Bill - SECTION27 and LRC (2010-07-21)

Bill

Bill number:

B7-2011

Year of publication:

2011

Bill full text:

Access for Bill Tracker subscribers, or purchase this document

Further Information

SabinetLaw articles:

Legislation Remains On Hold Whilst Parliament Closes

Cabinet Approves Amendment to Superior Courts Bill

Law Reform Legislation to be Introduced in Parliament Soon

Department of Justice and Constitutional Development Finalising Superior Courts Bill

Cabinet Approves Batch of Justice Bills

New Superior Courts Bill to be Tabled in Parliament

Legislation to Tighten Up Judicial System on the Way

Justice Provides Progress Report on Pending Legislation

Superior Courts Bill Tabled in Parliament

News articles:

New bill shakes up high court system – BusinessDay (2003-08-12) (access to SA Media – search for title)
Judges object to proposals to restructuring labour courts – BusinessDay (2003-09-22) (access to SA Media – search for title)
New bill on courts ‘could raise tensions’ – BusinessDay (2003-10-28) (access to SA Media – search for title)
Courts bill will solve problems in system – BusinessDay (2003-11-19) (access to SA Media – search for title)
Let wind of reform howl through SA’s jaded courts – BusinessDay (2005-04-19) (access to SA Media – search for title)
Courts to have final say on judges – BusinessDay (2005-04-22) (access to SA Media – search for title)
You be the judge… - BusinessDay (2005-04-23) (access to SA Media – search for title)
Goal is to streamline, not undermine, SA’s courts – BusinessDay (2005-05-11) (access to SA Media – search for title)
Judges themselves deal with challenge to new laws on judiciary – BuaNews (2006-01-17)
Proposed changes to the judiciary debated – Sunday Times (2006-01-30)
Bills on judiciary changes result of years of consultation – Cape Times (2006-01-31) (access to SA Media – search for title)
Bill to change apartheid era court names – IOL (2008-06-03)
DA hits out at super court suggestion – The Citizen (2008-07-13)
Judge slams justice bills – The Times (2008-10-15)
Justice minister is not just serving his time – BusinessDay (2008-11-26) (access to SA Media – search for title)
Radebe vows to push through bill transforming judiciary - Sunday Independent (2009-06-14) (access to SA Media – search for title)
The face of legal change - Mail & Guardian (2009-06-18) (access to SA Media – search for title)
Justice Dept to wrap up four Bills this year – BuaNews Online (2009-06-24)
Radebe pushes ahead with bill – News24 (2009-06-24)
No sinister agenda in transformation of judiciary, Radebe assures MPs – BusinessDay (2009-06-25)
Radebe in push to pass Superior Courts Bill - The Star (2009-06-25) (access to SA Media – search for title)
Finalise Superior Courts Bill – Zuma – The Herald (2009-07-07)
New-look disputed courts bill heads for Assembly - Business Day (2009-10-22)
Judiciary's views 'considered' - News24 (2009-10-22)
Radebe wants top judge's view on bill - IOL (2009-11-13)
EL warned it may lose its high court - Dispatch Online (2010-05-14)
Cabinet approves new-look Superior Courts Bill - BuaNews (2010-05-20)
Bid to scrap term limits in top court - Business Day (2010-05-31)
Judicial bills debate starts with name of top court - Business Day (2010-06-01)
Courts law reshapes heights but does little on the ground - Business Day (2010-07-16)
Judiciary to keep control of courts - Radebe - Business Day (2010-08-25)
Radebe announces rethink on bills - The New Age (2011-04-04)
Apex court 'undesirable', prof warns - Times Live (2011-08-04)
Committee questions powers for chief justice - Business Day (2012-02-03)
Call for new law on judicial governance - Business Day (2012-03-06)

Journal articles:

Strydom, E ‘Changing the Labour Court: the Superior Courts Bill 2003’ Contemporary labour law, Vol 13, Issue 3, Oct 2003, p. 21-24
Benjamin, P ‘A termination for operational requirements? Some thoughts on the end of the labour court’ Industrial law journal, Vol 15, Issue 24, Oct 2003, p.1869-1875
Pile, J ‘Specialist labour courts in the balance - justice : current affairs’ Financial mail, Vol 181, Issue 7, May 20 2005, p. 50
Spilg, B ‘Judicial independence: a dummy's guide’ Advocate, Vol 18, Issue 2, Aug 2005, p. 16-20
Van Eck, S ‘The constitutionalisation of labour law : no place for a superior Labour Appeal Court in labour matters (part 1) : background to South African labour courts and the constitution’ Obiter, Vol 26, Issue 3 2005, p.549-560 (access for SA ePublications subscribers, or purchase this document)
Spilg, B ‘Judicial independence : impending constitutional crisis’ Advocate, Vol 19, Issue 1, Apr 2006. p. 8-11
Anon ‘The Draft Constitution 14th Amendment Bill, and the Superior Courts Bill’ News & Views for Magistrates, Jul 2006, pp. 3 & 8 (access for SA ePublications subscribers, or purchase this document)
Avery, M ‘End of the road for Specialised Labour Courts : labour law’ Without prejudice, Vol 6, Issue 10, Nov 2006, p. 14-15
Beaucamp, N ‘Ensuring justice is seen to be done : the law’ Without prejudice, Vol 7, Issue 2, Mar 2007, p. 46-48

Speeches and statements:

The good and the bad of the ANC's judicial bills: statement by Dene Smuts, DA MP - Politicsweb (2010-05-31)

Superior Courts

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