Sihlalo, ngithokoze kuwo woke amalunga aHloniphekileko wePalamende. Sihlalo, ngiyabona sele iphaphela phasi nelanga seleliyokutjhinga. Ngizakuba mfitjhani khulu. [Chairperson, I would like to thank all hon Members of Parliament. Chairperson, I can see that we are running out of time. I will be very brief.]
I'm dealing here with the Magistrates' Court Amendment Bill 23 of 2010. I'm doing this on behalf of the chairperson of the justice portfolio committee, Advocate Ngaoko Ramathlodi.
The purpose or the aim of this Bill is to amend the Magistrates' Courts Act, Act 32 of 1944. I must point out that these clauses were part of the Judicial Matters Amendment Bill, but they were taken away or extracted from that Bill in order to process it as speedily as possible.
The reason for doing this is that there are only three amendments that are relevant. These three amendments are intended to facilitate the Jurisdiction of Regional Courts Amendment Act, Act 31 of 2008.
I must also point out that the new Act has as its intention to give civil jurisdiction to Regional Courts in the sense that the jurisdiction of the Regional Courts is now up to R300 000. It gives these courts jurisdiction to handle family-related matters such as divorce, guardianship and custody over minor children. Previously, the divorce courts were regulated by the Administration Amendment Act of 1929, which dealt with matters of black persons.
Briefly, the aim of clause 1 and 2 relates to abolishing the requirements of a person in possession of an LL B degree to be appointed as a Regional Court magistrate. There are reasons for that. Firstly, the current LL B degree is unlike the previous one, which was a postgraduate qualification.
It is now a junior degree for which people can register with a matric. Also, the Regional Court magistrates can be regarded as junior judges. [Interjection.]
Hon members, please, order! Let's converse very softly. Please!
This Bill will give them the opportunity that when they are appointed it is done in the same way as when judges are appointed in terms of section 174 (1) of the Constitution. Currently the legislation says a person should have either an LL B degree, pass the Public Service Senior Law Examination or an examination deemed by the Minister to be equivalent to that.
Further, the second clause only deals with the list the Magistrate's Commission should keep from which they can appoint people to be magistrates in the Regional Courts. There would be a name for such list.
Lastly, clause 4 intends to amend the Bill so that the Minister can use his discretion to appoint or authorise people who can serve court processes, summons, subpoenas and the like because there are companies which are given, by the Magistrates' Court, an authority to serve court processes. Now the Minister will be in a position to put conditions for such people to be appointed, make a declaration, and publish it in the Government Gazette.
May I take this opportunity to thank the committee, both the ruling party as well as the opposition because there was agreement when this Bill was finalised. The report was adopted by the committee.
I would also like to thank the Department of Justice and Constitutional Development represented here by hon De Lange. I also want to thank another Mr De Lange who is one of the officials who has been working on this Bill. I must say he must pass my regards to Mr J B Skhosana, who was also working seriously with the jurisdiction of Regional Courts, which is now in full swing. I also want to take this opportunity to thank the previous chairperson when this Bill was started, hon Yunus Carrim.
The ANC supports the Bill and asks the House to adopt it. [Applause.]
Thank you, hon member, there is no list of speakers. Are there any objections to the Bill being read for the second time? No objections, and I will have to go back to the question of the quorum. [Interjections.]
Chairperson, yes. That is the issue that we want to raise. We ask for the decision to stand over.
The question will then stand over.
Debate concluded.
Decision of Question postponed.
Mr Chairman, I'm sorry, sir, on a point of order. I think one can tolerate a fair amount of jocularity, face-pulling and so on across the floor. I do want to say that there is an hon member of the ANC sitting at the back who was pulling absolutely rude faces and making very rude gestures. Sir, I believe that she does need to have the discipline instilled in this House to make sure that she doesn't behave like this in the future.
Hon member, please continue. Hon Ellis, that is not a point of order.
Mr Chairman, if it's not a point of order, are you saying that we can gesticulate at each other the whole time and make rude signs? What would happen to this Parliament; does it become a joke?
Could hon Ellis demonstrate to me what was ... [Laughter.]
Sir, I will do so with pleasure and you can decide whether you believe this. [Laughter.] Is it right? I think it's shocking behaviour in this House. [Laughter.]
Hon members, I can only ask that we refrain from this kind of gesture, please. Even if I say withdraw the gesture, what are you going to do? Hon member, continue, please.
Mr Chairman, I want to say to hon Blade Ndzimande that he must remember that I am the man with the stick at this present time. [Laughter.] If he continues to point and make funny faces at me, I will go over there and hit him with my crutch.
Well, this is the latitude we give to the senior members of this House!