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Section 91A

Designation and training of presiding officers

Part 7 · General Provisions

(1) (a) The head of an administrative region defined in section 1 of the Magistrates Courts Act, 1944 (Act 32 of 1944), or the magistrate at the head of a regional division established for the purposes of adjudicating civil disputes in terms of section 2 of the Magistrates Courts Act, 1944, must designate in writing any magistrate, additional magistrate or magistrate of a regional division established for the purposes of adjudicating civil disputes, as the case may be, as a presiding officer of a Magistrates Court designated by the Minister in terms of section 1 of this Act. (b) A presiding officer must perform all the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law.

(2) ...

(3) The heads of administrative regions or magistrates at the head of regional divisions established for the purposes of adjudicating civil disputes must take all reasonable steps within available resources to designate at least one presiding officer for each magistrates court within his or her area of jurisdiction which has been designated by the Minister in terms of section 1.

(4) ...

(5) The South African Judicial Education Institute established in terms of section 3 of the South African Judicial Education Institute Act, 2008 (Act 14 of 2008), must develop and implement training courses for presiding officers 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)

(7)

(8) The provisions of section 12(6) and (8) of the Magistrates Courts Act, 1944 (Act 32 of 1944), are applicable with the necessary changes required by the context.

[S 91A(1)(a) substituted by s 28 of Act 8 of 2017 with effect from 2 August 2017.] [S 91A(2) deleted by s 28 of Act 8 of 2017 with effect from 2 August 2017.] [S 91A(3) substituted by s 28 of Act 8 of 2017 with effect from 2 August 2017.] [S 91A(4) deleted by s 28 of Act 8 of 2017 with effect from 2 August 2017.] [S 91A(6) omitted by s 7 of Act 24 of 2015 with effect from 8 January 2016.] [S 91A(7) omitted by s 7 of Act 24 of 2015 with effect from 8 January 2016.] [S 91A(8) substituted by s 28 of Act 8 of 2017 with effect from 2 August 2017.] [S 91A inserted by s 2 of Act 54 of 2002; substituted by s 7 of Act 24 of 2015 with effect from 8 January 2016.]
presiding officersMagistrates Courtstrainingaccess to courts
Beyond the text

What this means in practice

  • Provides for designating and training magistrates as PAIA presiding officers — building a specialised pool to hear access disputes in the Magistrates' Courts.
  • The aim is to make the court remedy more accessible and expert, not only a High Court matter.
Relevant tool

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