The less delay in making an application under section 142 the more likely it is to be successful. Negotiable instruments amendment act, 2015 to amend ni act. Note 4 at the end of this reprint provides a list of the amendments incorporated. This act may be cited as the supreme court act, 1935, short title and commencement. Part ii establishment of magistrates courts, appointment of magistrates and law to be administered.
The constitutional court held in jaftha v schoeman and others. Sentence in case of conviction of several offences at one trial. Substitution of section 7 of act 32 of 1944, as substituted by section 1 of act 8 of 1967 and amended by section 27 of act 70 of1968, section 14 of act 80 of 1971 and section 2 of act 91 of 1977. The rest of this act shall come into force on the first day of january, 1909. Magistrates court act 1989 sect 1 costs to be in the. Power of high court to withdraw and transfer cases.
The magistrates court of the australian capital territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the australian capital territory, the jervis bay territory and the australian antarctic territory the current chief magistrate is lorraine walker, appointed with effect from october 2011. Garnishee order section 72 of the magistrates court act 1944 act 32 of 1944 form 40. Family law act 1975 ix 60ce children not required to express views. Power of magistrates to sentence to imprisonment in default of fine. Meaning of family member part 2the magistrates court of victoria 4. Magistrates from the act travel to jervis bay village on a regular basis to hold court for the region. This act is administered by the ministry of justice. To give effect to the said warrant of execution, same has to be issued.
Magistrates court act 1989 sect 4 contempt of court 1 a person is guilty of contempt of court if a having been summoned as a witness and having been given or tendered any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend or to produce any documents or things required by the summons to. Power to transfer suits which may be instituted in more than one court. Notes chapter 2magistrates court and magistrates part 2. Interpretation in this act, except where the context otherwise requires. Magistrates courts act uganda legal information institute. Authority of supreme court and magistrates court and general validity of judicial processes. Section 65a1 of the magistrates court act 32 of 1944, in the district court, is a procedure in order to inquire into the financial position of such debtor where he or she has not satisfied a judgment for the payment of a sum of money granted against him, and to enable the court to make such an order which has at its aim the settlement of the judgment. Legal aid, sentencing and punishment of offenders act 2012. An act to amend, consolidate and streamline the existing law on local governments in line with the constitution to give effect to the decentralisation and devolution of functions, powers and services. Scrutinising section 63 of the magistrates court act 32 of. Magistrates court of the australian capital territory wikipedia.
Act, which also began with a nonobstante clause the supreme court in air 2001 sc 567 considered section 4 and 5 of the cr. The criminal procedure rules part 37 as in force on 6 april 2015 note. How to get your case reopened in magistrates court. Changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint. Importation of a controlled drug, misuse of drugs act 1971, s. This power includes extending or replacing a sentence or order which appears to be invalid section 142 magistrates court act 1980. Magistrates court of the australian capital territory. Magistrates court, or address of solicitor or commissioner for oaths under section 14 or section 16e, magistrates courts act 1980 declaration i do solemnly and sincerely declare that.
Court judges, district judges magistrates courts, chairmen of the justices, clerks to the justices, chief officers of police. Magistrates court act 1930 table of provisions long title chapter 1preliminary 1. An act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates courts and the functions of justices clerks, and to matters connected therewith, with amendments to give effect to recommendations of the law commission. Section 65a1 of the magistrates court act 32 of 1944, in the district court, is a procedure in order to inquire into the financial position of such debtor where he or she has not satisfied a judgment for the payment of a sum of money granted against him, and to enable the court to make such an order which has at its aim the settlement of the judgment debt as it may. In r sections 45, 46 and 48 of the children and young persons act 1933 b. Section 65a1 notice to appear for a s 65 hearing of the.
It is suggested that the words in terms of sec 291g of the magistrates court act 32 of 1944 be inserted after the words having competent jurisdiction. Section five of the principal act is hereby amended by the amendment of insertion in subsection 4 after the word place of the words section 5 of whether within or outside the jurisdiction of the court. Reference to the district courts substituted for reference to the circuit courts on authority of section 291 of act mar. An act to consolidate and amend the law relating to courts of magistrates. Scrutinising section 63 of the magistrates court act 32 of 1944. A magistrates court has the power to vary or rescind a sentence or other order imposed on the offender if it appears to the court to be in the interests of justice to do so. Magistrates courts act 32 of 1944 south african government. Accused person may be sent to the district in which offence alleged to have. With acts you are guaranteed the latest and most up to date resource for your legislative needs. View on westlaw or start a free trial today, section 142, magistrates courts act 1980, primarysources.
Under section 142 of the magistrates court act 1980. Chapter 11 the magistrates courts act an act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. An act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates courts and the functions of justices clerks, and to matters connected therewith, with amendments to give effect to. A in compliance with section 223202 and article 11 of this chapter, actions in the nature of interpleader arising from real estate contracts for the recovery of earnest money, in which the value of the money that is the subject of the action does not exceed the jurisdictional limit of the magistrates court, may be filed in magistrates. This act may be cited as the magistrates court act chapter 7. In cases where, in the opinion of a district magistrate, a sub divisional magistrate or any other executive magistrate specially empowered by the state government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such magistrate may, by a written order stating the material facts of the case and. An act to consolidate the law in relation to employment and to introduce new provisions designed to improve the status of employees in swaziland.
Magistrates court 84 33c mandatory transfer of proceedings to the federal magistrates. In this act, unless there in anything repugnant in the subject or context. Section six of the principal act is hereby amended by the amndmont of. Lord chief justice, justices of the supreme court, president of the queens bench division, senior presiding judge for england and wales, lords justices of appeal, high court judges, crown court judges, district judges magistrates courts, chairmen of. Adjournment of proceeding to drug court division 4d. Sep 08, 2018 changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint.
Magistrates courts act 1980 1980 chapter 43 part vii miscellaneous and supplementary power to rectify mistakes etc. District court act 2016 no 49 as at 08 september 2018. Previously, magistrates substituted for commissioners pursuant to pub. Negotiable instruments amendment act, 2015 to amend ni. Warrant of arrest in terms of section 65a6 of the magistrates court act, 1944 act no. Under the jervis bay acceptance act 1915 cth, the laws of the australian capital territory apply in that particular area. The magistrates court is established under, and has jurisdiction under, the magistrates court act 1930 act. Magistrate court civil rules, 2018, statutory instrument 11 of 2019. Magistrates court act 1989 sect 4 contempt of court 1 a person is guilty of contempt of court if a having been summoned as a witness and having been given or tendered any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend or to produce any documents or things required by the summons to be produced. Ordinary place of inquiry or trial by magistrates court. Notes chapter 2 magistrates court and magistrates part 2. Short title this act may be cited as the magistrates courts act. If you wish to request the magistrates to use their powers under section 142 to reopen your case you will need to speak to the court listings department so. This is because the new offences go further than mere possession and target those who use the offensive.
It was repealed by section 154 of, and schedule 9 to, the magistrates courts act 1980. Van rooyen v stoltz and others 2005 2 sa 140 cc that section 661a of the magistrates court act was unconstitutional and ordered that words be read into the section to the effect that a warrant for attachment of immovable property on receipt of a nulla bona. Magistrates court act 1989 sect 4 contempt of court. Scrutinising section 63 of the magistrates court act 32 of 1944 the process for executing a judgment obtained in respect of monies owed, delivery of property moveable or immovable, or for ejectment shall be by way of a warrant of execution. Section 9 of the magistrates courts act, 1944 hereinafter referred to as the principal act, is hereby amended a by the substitution in subsection 1 for paragraph a of the following paragraph. Words in bold type in square brackets indicate omissions from. An act to consolidate and amend the law relating to criminal procedure. Fightback forums section 142, magistrates courts act 1980. Magistrates courts act ch 16 chapter 16 the magistrates courts act.
May 06, 2015 3 if, on the date of the commencement of the negotiable instruments amendment act, 2015, more than one prosecution filed by the same person against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, such court shall transfer the case to the court having. Is it possible for criminal trials to be reopened, criminal trials, section 142 magistrates court act 1980, interest of justice, application of section 142, cases which cannot be reopened, potential time period to bring the application under section 142. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. If you wish to request the magistrates to use their powers under section 142 to reopen your case you will need to speak to the court listings department so that you can attend court and make an application.
A magistrates courts powers to try an allegation of an offence are contained in section 2 of the magistrates courts act 1980 a. Contractor to display notices containing conditions of work. Representation of parties 125 part 6 miscellaneous division 1 court documents 173. Section 142, magistrates courts act 1980 practical law. Sentences which high court and sessions judges may pass. In cases where, in the opinion of a district magistrate, a sub divisional magistrate or any other executive magistrate specially empowered by the state government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such magistrate may, by a written order stating the material facts of the case and served in the. Be it enacted by parliament in the twentyfourth year of the republic of india as follows. The following day the cps wrote to the magistrates and sought to reopen the sentence pursuant to the magistrates court act 1980 s. The cps did not supply timely requested required information that i should have had sight of 7 days before the trial. How to get your case reopened in magistrates court reopening a case in the magistrates court the only standard practice method of setting aside a conviction is to appeal to the crown court, or if you were not aware that proceedings were happeningyou can make a statutory declaration. Section 144 in the code of criminal procedure, 1973. Section 9 amended by judicial matters amendment act 24 of 2015. Magistrates court act 1989 sect 1 costs to be in the discretion of the court 1 the costs of, and incidental to, all proceedings in the court are in the discretion of the court and the court has full power to determine by whom, to whom and to what extent the costs are to be paid.
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