• Danielle Geldenhuys

Magistrate Bill, 2022 published for comments by 15 June 2022

Updated: May 5


The Department of Justice and Constitutional Development published a gazette notice (GenN912 GG 46088 p560 25 March 2022) to invite interested parties to submit written comments on the Magistrates Bill, 2022. The Notice is available at:

https://www.gov.za/documents/magistrate-bill-2022-comments-invited-25-mar-2022-0000


The date for submission of comments on the Magistrates Bill, 2022 was extended to Wednesday, 15 June 2022 by the Department of Justice and Constitutional Law. The announcement was made on the Department’s website at: https://www.justice.gov.za/legislation/invitations/invites.htm


A copy of the Bill and Explanatory Memorandum can be obtained from the Department of Justice and Constitutional Development website at https://www.justice.gov.za/legislation/bills/2022-MagistratesBill%20[20220309].pdf


The Explanatory Memorandum of the Bill describes the objectives as follows:

“The main aims of the Bill are threefold:

  • Firstly, it aims to replace the current Magistrates Act, 1993 (Act No. 90 of 1993) in order to ensure the autonomy of the lower courts judiciary from the Executive.

  • Secondly, it aims to incorporate all the provisions relating to the appointment of judicial officers of the lower courts in the Bill itself, since some provisions are presently contained in the Magistrates' Courts Act, 1944 (Act No. 32 of 1944).

  • Thirdly, it aims to bring the procedure for dealing with complaints about magistrates’ conduct in line with the dispensation applicable to judges in the superior courts.”


Date Updated: 3 May 2022




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