LAND COURT ACT: DRAFT REGULATIONS OUT FOR COMMENT

LAND COURT ACT: DRAFT REGULATIONS OUT FOR COMMENT

• 12 April 2024
• Justice & Constitutional Development
• SA Legal Academy

The Department of Justice & Constitutional Development has gazetted a notice calling for input by 10 May 2024 on draft regulations under the recently promulgated Land Court Act, 2023.

Among other things, they:

• propose that the criteria for determining the number of judges appointed to the Court – subject to any necessary contextual changes – should be the same as those gazetted in January 2016, dealing with the ‘judicial establishment of the Supreme Court of Appeal and divisions of the High Court’
• include a form of oath or affirmation to be signed by anyone appointed as a judge of the Court who is not a High Court judge
• provide for the appointment of assessors (a draft form of oath/affirmation is included)
• provide for the remuneration and allowances to which a mediator ‘not in full time service of the state’ should be entitled
• provide for the appointment of officers of the Court and their functions, and
• propose that legal assistance should be made available in accordance with relevant sections of the Legal Aid of South Africa Act’s July 2017 regulations – subject to any necessary contextual changes.

Please click the links below for more information:

• Government Gazette notice calling for input
• draft Land Court Act regulations
• Land Court Act, 2023
• promulgation notice
• January 2016 Supreme Court of Appeal and High Court regulations
• July 2017 Legal Aid of South Africa Act regulations

Published by SA Legal Academy Policy Watch

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