South Africa
Superior Courts Act, 2013
Act 10 of 2013
- Published in Government Gazette 36743 on 12 August 2013
- Assented to on 12 August 2013
- There are multiple commencements
- [This is the version of this document from 3 April 2024.]
Provisions | Status |
---|---|
Chapter 1 (section 1–3); Chapter 2 (section 4–7); Chapter 3 (section 8–11); Chapter 4 (section 12–14); Chapter 5 (section 15–20); Chapter 6 (section 21–28); Chapter 7, section 30; Chapter 8, Part 1 (section 31–33); Part 2, section 34–36, section 38–41; Part 3, section 42–44, section 46–49; Chapter 9 (section 50–56) |
commenced on 23 August 2013
by Proclamation R36 of 2013.
Note: Item 11 of Schedule 1 in so far as it repeals section 16 of Act 13 of 1995, and Item 1.1 of Schedule 2 not yet commenced |
Chapter 6, section 23A | commenced on 11 March 2019. |
Chapter 8, Part 2, section 37A–37C | commenced on 5 August 2022. |
Chapter 5, section 18(4)(a)–(b) | commenced on 3 April 2024. |
Chapter 7, section 29; Chapter 8, Part 2, section 37; Part 3, section 45 | not yet commenced. |
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
- [Amended by Courts of Law Amendment Act, 2017 (Act 7 of 2017) on 11 March 2019]
- [Amended by Criminal and Related Matters Amendment Act, 2021 (Act 12 of 2021) on 5 August 2022]
- [Amended by Domestic Violence Act, 1998 (Act 116 of 1998) on 14 April 2023]
- [Amended by Judicial Matters Amendment Act, 2023 (Act 15 of 2023) on 3 April 2024]
Chapter 1
Introductory provisions
1. Definitions
In this Act, unless the context otherwise indicates—"appeal" in Chapter 5, does not include an appeal in a matter regulated in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or in terms of any other criminal procedural law;"business day" means a day that is not a public holiday, Saturday or Sunday;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Department" means the Department responsible for the administration of justice;"Director-General" means the Director-General of the Department;"Division" means any Division of the High Court;"full court", in relation to any Division, means a Court consisting of three judges;"head of court", in relation to—(i)the Constitutional Court, means the Chief Justice;(ii)the Supreme Court of Appeal, means the President of that Court;(iii)any Division of the High Court, means the Judge President of that Division; and(iv)any court of a status similar to the High Court, the most senior judge of such court;"High Court" means the High Court of South Africa referred to in section 6(1);"judicial officer" means any person referred to in section 174(1) of the Constitution;"Judicial Service Commission" means the Judicial Service Commission referred to in section 178 of the Constitution;"Magistrates’ Court" means any court established in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);"Minister" means the Cabinet member responsible for the administration of justice;"plaintiff" includes any applicant or other party who seeks relief in civil proceedings;"prescribed" means prescribed by regulation made in terms of this Act;"President" means the President of the Republic of South Africa;"registrar" means the registrar of the Constitutional Court, the Supreme Court of Appeal or any Division of the High Court, as the case may be, and includes an assistant registrar;"rules" means the applicable rules of court;"Rules Board" means the Rules Board for Courts of Law, established by the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985);"Secretary-General" means the head of the Office of the Chief Justice, referred to in Column 2 of Schedule 1 to the Public Service Act, 1994 (Proclamation No. 103 of 1994);"Superior Court" means the Constitutional Court, the Supreme Court of Appeal, the High Court and any court of a status similar to the High Court;"this Act" includes any regulation.2. Objects and interpretation of Act
3. Introduction of legislation dealing with court structures
The Minister must be consulted prior to the introduction in Parliament, by a person other than the Minister, of any bill—Chapter 2
Constitutional Court, Supreme Court of Appeal and High Court of South Africa
4. Constitution and seat of Constitutional Court
5. Constitution and seat of Supreme Court of Appeal
6. Constitution of High Court of South Africa
7. Circuit Courts
Chapter 3
Governance and administration of all courts
8. Judicial management of judicial functions
9. Access to courts, recess periods and attendance at courts
10. Finances
Expenditure in connection with the administration and functioning of the Superior Courts must be defrayed from moneys appropriated by Parliament.11. Appointment of officers and staff
Chapter 4
Manner of arriving at decisions by Superior Courts
12. Manner of arriving at decisions by Constitutional Court
13. Manner of arriving at decisions by Supreme Court of Appeal
14. Manner of arriving at decisions by Divisions
Chapter 5
Orders of constitutional invalidity, appeals and settlement of conflicting decisions
15. Referral of order of constitutional invalidity to Constitutional Court
16. Appeals generally
17. Leave to appeal
18. Suspension of decision pending appeal
19. Powers of court on hearing of appeals
The Supreme Court of Appeal or a Division exercising appeal jurisdiction may, in addition to any power as may specifically be provided for in any other law—20. Settlement of conflicting decisions in civil cases
Whenever a decision on a question of law is given by a court of a Division which is in conflict with a decision on the same question of law given by a court of any other Division, the Minister may submit such conflicting decisions to the Chief Justice, who must cause the matter to be argued before the Constitutional Court or the Supreme Court of Appeal, as the case may be, in order to determine the said question of law for guidance.Chapter 6
Provisions applicable to High Court only
21. Persons over whom and matters in relation to which Divisions have jurisdiction
22. Grounds for review of proceedings of Magistrates’ Court
23. Judgment by default
A judgment by default may be granted and entered by the registrar of a Division in the manner and in the circumstances prescribed in the rules, and a judgment so entered is deemed to be a judgment of a court of the Division.23A. Rescission of judgment with consent of plaintiff or where judgment debt has been paid
24. Time allowed for appearance
The time allowed for entering an appearance to a civil summons served outside the area of jurisdiction of the Division in which it was issued, shall be not less than—25. Circumstances in which security for costs shall not be required
If a plaintiff in civil proceedings in a Division resides within the Republic, but outside the area of jurisdiction of that Division, he or she shall not by reason only of that fact be required to give security for costs in those proceedings.26. Disposal of records and execution of judgments of Circuit Courts
27 Removal of proceedings from one Division to another or from one seat to another in same Division
28. Prohibition on attachment to found jurisdiction within Republic
No attachment of property to found jurisdiction shall be ordered by a Division against a person who is resident in the Republic.Chapter 7
Rules of court
29. Rules of Constitutional Court
30. Rules of Supreme Court of Appeal and High Court
Chapter 8
General provisions applicable to all Superior Courts
Part 1 – Nature of courts
31. Nature of courts and seals
32. Proceedings to be carried on in open court
Save as is otherwise provided for in this Act or any other law, all proceedings in any Superior Court must, except in so far as any such court may in special cases otherwise direct, be carried on in open court.33. More than one court may sit at same time
The Supreme Court of Appeal and any Division may at any time sit in so many courts constituted in the manner provided for in this Act or any other applicable law as the available judges may allow.Part 2 – Adducing of evidence and procedural matters
34. Certified copies of court records admissible as evidence
Whenever a judgment, order or other record of any Superior Court is required to be proved or inspected or referred to in any manner, a copy of such judgment, order or other record duly certified as such by the registrar of that court under its seal shall be prima facie evidence thereof without proof of the authenticity of such registrar’s signature.35. Manner of securing attendance of witnesses or production of any document or thing in proceedings and penalties for failure
36. Manner in which witness may be dealt with on refusal to give evidence or produce documents
37. Witness fees
37A. Evidence through intermediaries in proceedings other than criminal proceedings
37B. Oath and competency of intermediaries
37C. Evidence through remote audiovisual link in proceedings other than criminal proceedings
38. Reference of particular matters for investigation by referee
39. Examination by interrogatories
40. Manner of dealing with commissions rogatoire, letters of request and documents for service originating from foreign countries
41. Court may order removal of certain persons
Part 3 – Process of Superior Courts
42. Scope and execution of process
43. Execution of process by sheriff
44. Electronic transmission of summonses, writs and other process
[heading amended by section 40(a) of Act 8 of 2017]45. Property not liable to be seized in execution
The sheriff or a deputy-sheriff may not seize in execution of any process such belongings of the debtor as prescribed, but the Court concerned may in exceptional circumstances and on such conditions as it may determine, in its discretion allow a specific deviation from the prescribed provisions.46. Offences relating to execution
Any person who—47. Issuing of summons or subpoena in civil proceedings against judge
48. Acting judges of Superior Courts
Any person who has been appointed as an acting judge of a Superior Court must be regarded as having been appointed also for any period during which he or she is necessarily engaged in the disposal of any proceedings in which he or she has participated as such a judge, including an application for leave to appeal that has not yet been disposed of at the expiry of his or her period of appointment.49. Regulations
Chapter 9
Transitional provisions, amendment and repeal of laws, and commencement
50. Existing High Courts
51. Rules in existence immediately before commencement of Act
The rules applicable to the Constitutional Court, Supreme Court of Appeal and the various High Courts immediately before the commencement of this section remain in force to the extent that they are not inconsistent with this Act, until repealed or amended.52. Pending proceedings when Act commences
53. References in other laws
Any reference in any law—54. Financial accountability
55. Repeal and amendment of laws
56. Short title and commencement
This Act is called the Superior Courts Act, 2013, and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
03 April 2024 this version
Amended by
Judicial Matters Amendment Act, 2023
Commenced
14 April 2023
Amended by
Domestic Violence Act, 1998
Read this version
05 August 2022
11 March 2019
02 August 2017
23 August 2013
Commenced by
Superior Courts Act: Commencement
Note: Item 11 of Schedule 1 in so far as it repeals section 16 of Act 13 of 1995, and Item 1.1 of Schedule 2 not yet commenced
12 August 2013
Cited documents 11
Act 11
1. | Criminal Procedure Act, 1977 | 3918 citations |
2. | Magistrates' Courts Act, 1944 | 2821 citations |
3. | Public Finance Management Act, 1999 | 2251 citations |
4. | Labour Relations Act, 1995 | 1995 citations |
5. | Constitution of the Republic of South Africa, 1996 | 597 citations |
6. | Rules Board for Courts of Law Act, 1985 | 205 citations |
7. | Domestic Violence Act, 1998 | 145 citations |
8. | Admiralty Jurisdiction Regulation Act, 1983 | 98 citations |
9. | Judges Remuneration and Conditions of Employment Act, 2001 | 77 citations |
10. | Older Persons Act, 2006 | 58 citations |
Documents citing this one 1692
Judgment 1578
Gazette 94
Act 8
1. | Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 | 440 citations |
2. | Legal Practice Act, 2014 | 292 citations |
3. | National Prosecuting Authority Act, 1998 | 215 citations |
4. | Domestic Violence Act, 1998 | 145 citations |
5. | Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 | 137 citations |
6. | Financial Sector Regulation Act, 2017 | 122 citations |
7. | Cybercrimes Act, 2020 | 19 citations |
8. | Limpopo Consumer Protection Act, 2015 |
Government Notice 8
Case summary 2
1. | Case Summary: S v Steward 2017 (1) SACR 156 (NCK) | |
2. | Case summary: S v ML 2016 (2) SACR 160 (SCA) |
General Notice 1
1. | Legal Practice Rules, 2018 |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |