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JUDICIAL MATTERS AMENDMENT ACT GAZETTED AND MOSTLY IN FORCE
- 03 April 2024
- New Legislation
- SA Legal Academy
Please note: On 15 April 2024, the Department of Justice & Constitutional Development published a back-dated fact sheet unpacking the new piece of legislation.
The Judicial Matters Amendment Bill has been signed into law, gazetted and is largely in force. Only section 9 of the new statute is not immediately effective but once commenced will further amend section 103 of the Administration of Estates Act, 1965 (the Minister’s powers to make regulations).
The Judicial Matters Amendment Act, 2024, makes mostly practical, technical and non-contentious amendments to a raft of legislation, among other things:
- in specific circumstances under the Criminal Procedure Act, 1977, providing for the expungement of criminal records when an admission of guilt fine has been paid
- under the Maintenance of Surviving Spouses Act, 1990, providing that the regimes of all existing customary law marriages are regarded as being in community of property
- under the Criminal Law (Sexual Offences & Related Matters) Amendment Act, 2007, regulating the manner in which child pornography must be dealt with and disposed of, and
- under the International Arbitration Act, 2017, repealing the common law crime of defamation without affecting civil liability.
A Presidency media statement on the new piece of legislation draws attention to other key provisions in terms of which:
- the failure of private sector or state-owned entity ‘members’ to prevent corrupt activities is now an offence under the Prevention & Combatting of Corrupt Activities Act, 2004 (in line with Zondo Commission report recommendations), and
- amendments to the Domestic Violence Act, 1998, penalise a wilfully false declaration in support of an application for a protection order, and allow a protection order application to be made without an affidavit.
Please click the link below to access the new statute:
Published by SA Legal Academy Policy Watch
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