Constitution Seventeenth Amendment Act Of 2012
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Constitution Seventeenth Amendment Act Of 2012
The Seventeenth Amendment of the Constitution of South Africa (formally the Constitution Seventeenth Amendment Act of 2012) made a number of changes to the structure of the South African judiciary. The bill for the amendment was passed by the National Assembly on 20 November 2012 with the required two-thirds majority; because it is a constitutional amendment not affecting the provinces it was not required to be voted on by the National Council of Provinces. The act was signed by President Jacob Zuma on 1 February 2013, and a presidential proclamation brought it into force on 23 August 2013. The amendment came into force simultaneously with the Superior Courts Act, 2013, which implemented a major rationalisation and restructuring of the judicial system. Provisions The amendment declares that the Chief Justice is the head of the judiciary and is responsible for administrative oversight of the courts. It allows the appointment of a Constitutional Court judge as acting Deputy Chief J ...
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Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019. From 1910 to 1994, members of Parliament were elected chiefly by the South African white minority. The first elections with universal suffrage were held in 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. The National Assembly will temporarily meet at the Good Hope Chamber. History Before 1910 The predecessor of the Parliament of South Africa, before the 1910 Union of South Africa, was the bicameral Parliament of the Cape of Good Hope. This was composed of the House of Assembly (the lower house) and the Legislati ...
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Chief Justice Of South Africa
The Chief Justice of South Africa is the most senior judge of the Constitutional Court of South Africa, Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts. The position of Chief Justice was created upon the formation of the Union of South Africa in 1910, with the Chief Justice of the Cape Colony, Sir (John) Henry de Villiers (later created John de Villiers, 1st Baron de Villiers, The 1st Baron de Villiers), being appointed the first Chief Justice of the newly created Appellate Division of the Supreme Court of South Africa. Until 1961, the Chief Justice held a dormant commission as Officer Administering the Government, meaning that if the Governor-General of the Union of South Africa, Governor-General died or was incapacitated the Chief Justice would exercise the powers and duties of the Governor-General. This commission was invoked in 1943 under N.J. de Wet, and in 1959 and 1961 under ...
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High Court Of South Africa
The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government in the 1950s). Important officers in ...
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Competition Appeal Court Of South Africa
Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, individuals, economic and social groups, etc. The rivalry can be over attainment of any exclusive goal, including recognition: Competition occurs in nature, between living organisms which co-exist in the same environment. Animals compete over water supplies, food, mates, and other biological resources. Humans usually compete for food and mates, though when these needs are met deep rivalries often arise over the pursuit of wealth, power, prestige, and fame when in a static, repetitive, or unchanging environment. Competition is a major tenet of market economies and business, often associated with business competition as companies are in competition with at least one other firm over the same group of customers. Competition inside a company is usu ...
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Labour Appeal Court Of South Africa
The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal. It has its seat in Johannesburg but also hears cases in Cape Town, Port Elizabeth and Durban. Judges of the Labour Court, who must be High Court judges, are appointed by the President, acting on the advice of the Judicial Service Commission and the National Economic Development and Labour Council. The Judge President (JP) and a Deputy Judge President (DJP) of the Labour Court also serve as JP and DJP of the Labour Appeal Court and there are eight other judges on the court. Each case before the court is heard by a panel of three judges. Judgments of the Labour Appeal Court can be appealed to the Constitutional Court as there is a fundamental constitutional right to fair labour practices in the form of section 23. Such appeals are not uncommon. See also * Labour c ...
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Supreme Court Of Appeal Of South Africa
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA. In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional jurisdi ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ...
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Deputy Chief Justice Of South Africa
The Deputy Chief Justice of South Africa is a judge in the Constitutional Court of South Africa and the second-highest judicial post in the South Africa, Republic of South Africa, after the Chief Justice of South Africa, Chief Justice. The post, originally called "Deputy President of the Constitutional Court", was created in September 1995 by the Constitution of the Republic of South Africa Second Amendment Act, 1995, which was an amendment to the Interim Constitution of South Africa, Interim Constitution. The position was retained by the Constitution of South Africa, final Constitution which came into force in February 1997. In November 2001 the Sixth Amendment of the Constitution of South Africa, Sixth Amendment of the Constitution of South Africa restructured the judiciary, and the post was renamed to "Deputy Chief Justice". The first Deputy President of the Constitutional Court was Ismail Mahomed. In 1997 he became Chief Justice, and was replaced by Pius Langa, who continued as ...
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Acting (law)
In law, a person is acting in a position if they are not serving in the position on a permanent basis. This may be the case if the position has not yet been formally created, the person is only occupying the position on an interim basis, the person does not have a mandate, or if the person meant to execute the role is incompetent or incapacitated. Business Organizations are advised to have a succession plan including the designation of an acting CEO if the person in that job vacates that position before a replacement has been determined. For example, the lead director on the board of directors may be designated to assume the responsibilities of the CEO until the board finds a new CEO. Politics Examples of acting positions in politics include acting mayor, acting governor, acting president, and acting prime minister. Officials in an acting position usually do not have the full powers of a properly appointed official, and are often the proper official's deputy or longest servi ...
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Courts Of South Africa
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa. Despite South Africa's division into nine provinces, the country has a single national court system. The courts are funded and supported by the national Department of Justice and Constitutional Development. The ordinary courts are the district and regional magistrates' courts, the provincial divisions of the High Court, and the Supreme Court of Appeal. The Constitutional Court is the highest court for constitutional matters. Specialist courts have been established for various matters, including Labour Courts, the Land Claims Court, Special Income Tax Courts, and the Electoral Court. African customary law is administered by chiefs' and headmen's courts, subject to the National House of Traditional Leaders. ...
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Proclamation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state. A proclamation is (usually) a non-binding notice. A general distinction is made between official proclamations from states or state organs with a binding character and proclamations from political-social groups or organizations, both of which try to win over the mood of those addressed. In addition, the procedure of proclaiming the beginning of a rule over a certain ruling territory is called a proclamation. For example, on July 26, 1581, the Proclamation of Dutch Independence was signed which led to the creation of the Dutch Republic in 1588, formally recognized in 1648 by the Peace of Münster. The announcement of the intention to marry two people, the bidding, was referred to ...
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National Assembly Of South Africa
The National Assembly is the directly elected house of the Parliament of South Africa, located in Cape Town, Western Cape. It consists of four hundred members who are elected every five years using a party-list proportional representation system where half of the members are elected proportionally from nine provincial lists and the remaining half from national lists so as to restore proportionality. The National Assembly is presided over by a Speaker, assisted by a Deputy Speaker. The current Speaker is Nosiviwe Mapisa-Nqakula who previously served as the Minister of Defence and Military Veterans. She was elected on 19 August 2021. The Deputy Speaker is Solomon Lechesa Tsenoli who has served in the post since his election on 21 May 2014. The National Assembly chamber was destroyed in a fire in January 2022. National Assembly sittings will now be held in the old Good Hope Chamber, which is within the precincts of parliament. Allocation The National Assembly seats are allocated ...
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