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Regulations for Judicial Officers in Lower Courts Amended

November 3, 2021

Department of Justice and Constitutional Development

Regulations for Judicial Officers in the Lower Courts have been amended.

The justice and constitutional development department published the amended Regulations in Government Gazette 45395 in terms of the Magistrates Act.

A new subregulation (1) is inserted into Regulation 4.

It stipulates that a “candidate must make an application for an appointment as a magistrate on a form obtained from and to be submitted to the Commission”.

A new Regulation 22 on general provisions is also inserted.

It outlines conditions under which a request from a magistrate for a transfer will be considered.

A new subregulation (6) on misconduct hearing is also inserted.

If a misconduct hearing takes place, then the Magistrates Commission must appoint a judicial presiding officer to preside at the hearing and a magistrate or an appropriately qualified person to lead evidence at the hearing.

Meanwhile, in Gazette 45396, the Legal Practice Council published amendments to the Rules of the Council in terms of the Legal Practice Act.

A new Schedule 8 is inserted.

It focuses on Illustrative Auditor’s Assurance Report (Unmodified Opinion); Illustrative Auditor’s Assurance Report (Qualified Opinion) and Legal Practitioner’s Annual Statement on Trust Accounts.