Judicial Matters Amendment Act, 2017

The Judicial Matters Amendment Act, 2017 is a South African legislative act that amends multiple existing laws to refine judicial administration, criminal procedure, and the regulation of legal professionals and state liability.

• The Act modifies the Magistrates' Courts Act, 1944, to allow the Minister to determine benefits for magistrates who dispose of proceedings after vacating office, removing the previous restriction to an 'hourly rate'.
• The Act updates the State Liability Act, 1957, requiring that any court process against a department be served on the head of the department at the head office, and subsequently on the State Attorney within five days.
• The Criminal Procedure Act, 1977 is amended to allow courts to order that a witness be examined by a medical practitioner, psychiatrist, or clinical psychologist to determine their competency to give evidence based on their state of mind.
• The Act extends the retirement age for magistrates; while they generally vacate office at 65, they may now provide written notice to the Commission to continue serving until the age of 70.
• The Criminal Law Amendment Act, 1997 is amended to include 'Rape' and 'Compelled rape' of an 'older person' (as defined in the Older Persons Act, 2006) in Part I of Schedule 2.
• The Act establishes 'sexual offences courts' as courts with rolls dealing exclusively with bail, plea, trial, or sentencing for sexual offences, requiring specific facilities and services prescribed by the Minister.
• The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 is amended to add 'HIV/AIDS status' to the list of 'prohibited grounds' for discrimination.
• The Act amends the Superior Courts Act, 2013 to permit the electronic transmission of summonses, writs, and other processes via facsimile or other electronic media, granting such documents the same force and effect as originals.
• The Sheriffs Act, 1986 is amended to require that money in a sheriff's trust account that is unclaimed or has an unknown owner after one year be paid to the Fidelity Fund for Sheriffs after the second annual closing of records.
• The Act amends the Institution of Legal Proceedings against certain Organs of State Act, 2002, extending the period before a process may be served on an organ of state from 30 to 60 days after the initial notice.

APA

Centre for Environmental Rights (2017). Judicial Matters Amendment Act, 2017. https://cer.org.za/wp-content/uploads/2000/11/Judicial-Matters-Amendment-Act.pdf?x21779

Chicago

Centre for Environmental Rights. Judicial Matters Amendment Act, 2017. 2017. https://cer.org.za/wp-content/uploads/2000/11/Judicial-Matters-Amendment-Act.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=Judicial Matters Amendment Act, 2017 |date=2 August 2017 |url=https://cer.org.za/wp-content/uploads/2000/11/Judicial-Matters-Amendment-Act.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2017judicial, author = {{Centre for Environmental Rights}}, title = {{Judicial Matters Amendment Act, 2017}}, institution = {Centre for Environmental Rights}, year = {2017}, month = aug, url = {https://cer.org.za/wp-content/uploads/2000/11/Judicial-Matters-Amendment-Act.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }