Hon Speaker, hon Deputy President of Republic of South Africa Comrade Kgalema Motlanthe, hon members of the House, our constitutional democracy is based on constitutional supremacy and the rule of law, which require that state institutions act according to the law. Chief among the principles of our democracy are the separation of powers and the independence of the judiciary. The South African Constitution contains a general provision that the judicial authority is independent, impartial and subject only to the Constitution and the law.
The Bill clarifies the role of the Chief Justice by providing that he or she is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of judicial functions. The committee is of the view that the Bill will greatly assist the effectiveness and efficiency of the judicial system. The committee understands that the Chief Justice has already actively begun to co-ordinate the role-players in addressing case-flow management and welcomes this.
The Bill provides that the Constitutional Court is the highest or apex court in all matters; regulates the jurisdiction of the Constitutional Court and the Supreme Court of Appeal accordingly; provides for the appointment of an acting Deputy Chief Justice if there is a vacancy in that office; and provides that the Supreme Court of Appeal may decide appeals in any matter arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa, except where an Act of Parliament provides otherwise.
The Bill reduces the jurisdiction of the Supreme Court of Appeal, inter alia, in deciding appeals in any matter from the High Court of South Africa except in respect of labour or competition matters to such extent as may be determined by an Act of Parliament. This amendment flows from the fact that the Bill posits the Constitutional Court as the last avenue of appeal on any matter, thus making it the apex court of South Africa. Therefore, it does not become necessary that a matter heard by either the Labour Appeal Court or the Competition Appeal Court be heard by the Supreme Court of Appeal before being heard by the Constitutional Court. What a milestone in terms of the reduction of litigation costs for South Africans! The Bill further promotes democracy in South Africa. Cope says that this is an unnecessary deviation, but we disagree that it is an unnecessary deviation. I am not sure what the relevance of jobs that are being sold is in terms of this 17th amending Bill, as alluded to by Cope.
The changes envisaged in respect of the role of the Chief Justice as the head of the judiciary and the establishment of a single High Court of South Africa, as opposed to the existing various courts, would lay the constitutional basis for the provisions of the Superior Courts Bill of 2011, that are aimed at giving effect to those changes. Therefore, this will be in line with the amendment of clauses 2, 5, 7 and 8, sections 166, 169, 172 and 173 of the Constitution so as to convert the various High Courts into a single High Court of South Africa, comprising divisions, seats and jurisdiction as determined in terms of an Act of Parliament. This is different from the current situation in which a judgement that is precedent-setting in one province will not affect other provinces, thus South Africans not experiencing the law in the same way.
The amendment of section 175 of the Constitution provides that the President may appoint an acting Deputy Chief Justice from the ranks of the judges of the Constitutional Court if there is a vacancy in that office. As in the case of the appointment of acting judges of the Constitutional Court, such appointment must be made on the recommendation of the Minister of Justice and Constitutional Development acting in concurrence with the Chief Justice. The amendment will ensure that a person is in office to perform the functions of the Chief Justice should both the Chief Justice and the Deputy Chief Justice be absent or their offices vacant.
The committee understands that the process of capacitating the Office of the Chief Justice, which was proclaimed as a government department in September 2011, is well under way. The committee, once again, welcomes these developments and understands that this is the only way to establish the Office of the Chief Justice in the short term.
Furthermore, the Bill regulates the composition and functions of the Judicial Service Commission by allowing for national legislation to extend the role of the commission to matters pertaining to judicial officers of the lower courts. Section 178 of the Constitution is amended in order to allow for national legislation to make provision for the Judicial Service Commission to be involved in the appointment, promotion and transfer of judicial officers of the lower courts; and for the establishment of a committee and subcommittees comprising members designated by the commission and other co-opted members in order to facilitate that involvement. For this purpose, the chairperson and deputy chairperson of the committee in question will also be members of the Judicial Service Commission.
All of the provisions, in fact, can be articulated as political wisdom in contrast to the hon Ambrosini's idea that there is no political wisdom in this Bill and its provisions.
The committee has had extensive public hearings regarding the draft legislation and received substantial inputs from a wide range of interested parties that have supported the provisions of the Bill. The ANC supports the Bill. I thank you, hon Speaker. [Applause.]