29 Mar 2022

Magistrates have been given substantial increase of authority and will now be allowed to deal with both criminal and civil cases as well as to award bigger penalties for serious crimes.

That comes after Parliament unanimously passed the Magistrates Court (Amendment) Bill seeking to increase powers of magistrates to deal with both criminal and civil cases. 

Tabling the Bill in Parliament on Monday, Minister of Defence, Justice and Security, Mr Kagiso Mmusi said the Magistrates' Courts (Amendment) Bill of 2021 also aimed to empower magistrates to award bigger penalties for serious crimes. 

The Act would also facilitate speedy disposal of cases by preventing the accumulation of cases on account of lack of jurisdiction by certain grades of magistrates. Three clauses were amended clauses detailing the title and the date of commencement of the law, increasing the authority of magistrates to adjudicate over disputes and all matters that were not crimes. 

The Act increases claims of Regional and Chief Magistrates from P40 000 to P100 000, Principal Magistrates from P30 000 to P80 000, Senior Magistrates from P20 000 to P70 000, Magistrates Grade 1 from P15 000 to P60 000, Magistrates Grade 2 from P10 000 to P50 000 and Magistrates Grade 3 from P10 000 to P40 000. 

It also gives them powers to increase sentencing from 15 to 20 years imprisonment and their fines from P40 000 to P100 000 or both and also 12 years to 15 years imprisonment and fines from P30 000 to P80 000 or both while and Senior Magistrates sentencing powers would increase from 10 years to 12 years imprisonment and fines from P20 000 to P70 000 or both. 

Further, the law allows Magistrate Grade 1 to increase sentencing from seven to 10 years imprisonment and their fines from P15 000 to P60 000 or both, sentencing powers of Magistrates Grade 2 from five to seven years imprisonment and fines from P10 000 to P50 000 or both, and fines for Magistrates Grade 3 from P10 000 to P40 000. The amendment of the Act results in improvement in the disposal rate of cases. Litigants would also be able to bring most of their civil claims to magistrates courts which are more widespread throughout the country. 

Magistrates would also be able to impose more severe sentences where necessary without having to refer cases to the high courts. ends