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Invitation to Comment on the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995) regarding the regulations relating to Housing Assistance to Victims 2022

The Department of Justice and Constitutional Development invites interested parties to submit written comments on the draft Regulations Relating To Housing Assistance To Victims, 2022 (the Regulations).

The draft Regulations are issued by the Minister of Justice and Correctional Services, as contemplated in section 27(2) of the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995) and are intended to rehabilitate, restore human dignity and provide reparation to victims of the Truth and Reconciliation Commission.

The comments on the draft Regulations must be submitted before 31 January 2023, marked for the attention of Ms R Baloyi, and–
(a) if they are forwarded by post, be addressed to– The Director-General: Justice and Constitutional Development, Private Bag X81, Pretoria, 0001
(b) if they are delivered by hand, be delivered at– SALU Building, Room 23.03, 316 Thabo Sehume Street, Pretoria
(c) if they are delivered by email, be emailed to Bills1@justice.gov.za
(d) if they are faxed, be faxed to 012 406 4632.

Further information can be obtained from Ms R Baloyi at 012 406 4769.


Interim Report of the Committee on the Rationalisation of the Areas under the Jurisdiction of the Divisions of the High Court of South Africa and Judicial Establishments

Commissions Act: Proposed rationalisation of areas under the jurisdiction of the Divisions of the High Court of South Africa, Comments invited, GG 47552, P 93, 21 Nov 2022

The court system that existed in South Africa prior to the democratic transition was left largely intact. The main and local seats of the former provincial divisions of the Supreme Court and the Supreme Courts in the former homelands were retained and incorporated into the new judicial system.

The Constitution, however, envisioned in item 16(6)(a) of schedule 6 that as soon as practical the structure, composition, functioning and jurisdiction of all courts would be rationalised with a view to “establishing a judicial system suited to the requirements of the Constitution”. The requirements of the Constitution that our judicial system must meet include giving full effect to the right of access to justice as well as the rights and foundational values of dignity and equality.

While some efforts have been made towards rationalising the court system, the process is far from complete. The legacy of colonialism and apartheid continues to plague South Africa with spatial injustices and to impede access to courts for communities that reside in the areas that formed part of the defunct homelands and selfgoverning territories, as well as remote rural villages. These communities are frequently forced to travel long distances, at a huge cost, to access courts.

The Committee on the Rationalisation of Areas under the Jurisdiction of the Divisions of the High Court and Judicial Establishments (“the Committee”) was established with a view to resolving this unjust situation and complying with the constitutional injunction to rationalise the jurisdictions of all courts to establish a judicial system suited to the requirements of the Constitution.

Document: Interim Report of the Committee on the Rationalisation of the Areas under the Jurisdiction of the Divisions of the High Court of South Africa and Judicial Establishments

Comments must be submitted before 31 January 2023, to Mr Makena Z Moagi (Email: MakMoagi@justice.gov.za) or Adv Seakamela (Email: SSeakamela@justice.gov.za).