Judicial matters second amendment bill (B 41-2003)

1st January 2003

To amend the Insolvency Act, 1936, so as to regulate agreements providing for termination and netting of unperformed obligations; to amend the Prevention of Counterfeiting of Currency Act, 1965, so as to make further provision regarding the onus of proof on an accused person; to amend the Criminal Procedure Act, 1977, so as to ensure the consideration of a pre -trial services report in respect of bail proceedings; and to make new provision regarding correctional supervision as a sentencing option; to amend the Attorneys Act, 1979, so as to provide for the mandatory attendance of a legal practice management course by certain attorneys; to amend the Divorce Act, 1979, so as to make further provision regarding pension benefits in respect of the division of assets and maintenance of parties; to amend the Sheriffs Act, 1986, so as to effect a change of name; to amend the Maintenance Act, 1998, so as to further regulate proceedings at a maintenance enquiry; to provide for payment of a maintenance benefit by a third party; and to extend maintenance orders to include maintenance orders by High Courts and Divorce Courts in certain circumstances; to amend the Domestic Violence Act, 1998, so as to provide for the consideration by a court of the report and recommendations of a Family Advocate; to amend the Promotion of Access to Information Act, 2000, so as to extend the period within which the South African Human Rights Commission must compile a guide to assist persons who wish to gain access to information; to amend the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, so as to further regulate the publication of a notice altering the boundaries of an equality court; to amend the Cross-Border Insolvency Act, 2000, so as to regulate the position of legal proceedings when a notice designating a State for the purposes of that Act is withdrawn; and to amend the Judges' Remuneration and Conditions of Employment Act, 2001, so as to make new provision regarding pensions paid to retired judges and to surviving spouses of retired judges; and to provide for
matters connected therewith.