Ramaphosa signs four new bills into law, including Land Court Act
President Cyril Ramaphosa has signed four new bills into law following long legislative processes in Parliament.
Ramaphosa assented to the Land Court Act, the Traditional Courts Act, the South African Postbank Limited Amendment Act, and the Repeal of the Transkei Penal Code.
This was confirmed by the presidential spokesperson Vincent Magwenya during a media briefing on Wednesday.
All four of these new bills have been passed through the National Assembly and the National Council of Provinces before being sent to Ramaphosa's table for his signature.
Land Court Act
The Land Court Act will replace the Land Claims Court, which was a court with a limited lifespan.
This allows for the appointment of permanent judges for the Land Court.
Magwenya emphasised that the Land Court will have exclusive jurisdiction and power in respect of a number of aspects that have a bearing on land. This includes restitution claims arising from the Restitution Act.
"It also will deal with matters from the Application of the Land Reform (Labour Tenants) Act and shares jurisdiction with magistrates’ courts in respect of matters arising from the application of the Extension of Security of Tenure Act (ESTA).
The Land Court will resolve the challenges that were experienced under these Acts, such as backlogs in land claims and dispute resolution mechanisms when disputes arise.
It will also contribute immensely to the implementation of the Land Reform Programme.
In addition, the Act makes provision for the administration and judicial functions of the Land Court and for mediation procedures," said Magwenya.
He said the government believes the Land Court Act is vital in bringing the country one step closer to resolving land and land rights issues in South Africa.
Traditional Courts Act
On the Traditional Courts Act, Magwenya indicated that the constitution recognises traditional leadership as well as customary law.
"Section 211 of the Constitution obliges the courts to apply customary law when that law is applicable. Traditional courts exist and it is constitutionally essential that they be aligned with the new constitutional dispensation.
“The purpose of this Act is to provide for a uniform legislative framework for the structure and functioning of traditional courts, in line with constitutional imperatives and values.
“The Act aims to improve access to justice services by enhancing the effectiveness, efficiency, and integrity of traditional courts for purposes of resolving disputes, with the view to promoting social cohesion, co-existence, peace, and harmony," he said.
Magwenya said the new Act will now bring about a single statute, regulating the role of traditional leaders in the administration of justice, which will apply across the country.
"The Act underscores the fact that traditional courts are courts of law and their specific purpose is to promote the equitable and fair resolution of disputes, in a manner that is underpinned by the value system applicable in customary law and custom, and function in terms of the constitution," he added.
The Repeal of the Transkeian Penal Code Act
With respect to the Repeal of the Transkeian Penal Code Act, Magwenya said the code codifies criminal law in the former Transkei.
"Despite the reincorporation of the former Transkei into South Africa more than 20 years ago, the code remained in full force and effect in the former Transkei, although the former Republic of Transkei had ceased to exist.
“In the rest of the Republic of South Africa, a large part of substantive criminal law has not been codified, but in the former Republic of Transkei, as a result of the application of the code, some crimes are codified.
“The new Act repeals this code. This gives effect to the right to equality before the law - which presumes the uniform application of the criminal law in the republic, requires the state to ensure that there is a uniform system of criminal law and that there are no parallel laws that regulate the same subject-matter in different parts of the country," explained Magwenya.
The South African Postbank Limited Amendment Act
Magwenya said the South African Postbank Limited Amendment Act seeks to amend the South African Postbank Limited Act, 2010, to adjust the establishment and the shareholding arrangements for Postbank through the creation of a new banking controlling company.
"The Bill provides for the transfer in shareholding for the Postbank from the South African Post Office SOC Limited to the Government and the creation of a bank controlling company for ‘The Postbank SOC Limited’ in terms of the Banks Act, 1990.
“The Amendment Act is necessary to ensure that the Postbank meets the Bank Controlling Companies’ structure requirements," said Magwenya.
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