jurisdiction of regional courts amendment bill
13 February 2008
The Law Society of SA has warned that the new bill could compound the existing problem. A law significantly changing the functioning of the country's courts is on the cards. Parliament is processing the Jurisdiction of Regional Courts Amendment Bill.
It seeks to give powers to regional courts to preside over civil matters for divorce and lawsuit cases not over R1 million. The proposed law also seeks to eradicate the huge backlog of civil cases at the country's high courts, as it is currently running at almost 56 000. The Pretoria High Court is the biggest culprit -- its court roll on civil matters is already full for next year.
Bloemfontein has the least number of outstanding cases, followed by Johannesburg. Pietermaritzburg and the Cape divisions almost account for the same figure, while Durban has a 9 000 backlog.
A total of R37 million is being set aside to train more magistrates in civil matters.
The law society is not opposed to the bill, however it questions the department's administrative capacity to bring the objects of the bill to reality. "With the increased workload on regional courts both at the judicial officer level and at the administration level, this problem is going to be compounded," says Graham Bellairs, from the Law Society of South Africa.
The department said corrective measures are being taken, but MPs say they have heard that before. They warn that this could hamper the desired effects of the bill.