The jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdiction

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dc.contributor.authorSloth-Nielsen, Julia
dc.date.accessioned2014-10-30T14:09:21Z
dc.date.available2014-10-30T14:09:21Z
dc.date.issued2011
dc.description.abstractThe promulgation of the Jurisdiction of the Regional Courts Amendment Act, 31 of 2008 (hereafter the JRCAA) in 62 large urban magisterial districts on 9 August 2010 (Women's Day) heralds a potentially drastic transformation of the practice of civil procedure in South Africa. This article focuses on its implications for family law and, especially, child law proceedings. The various dimensions of jurisdictional reform are first explained with reference to the Children's Act 38 of 2005 and the JRCAA, whereafter their import is analysed. It will be questioned whether the provisions of the JRCAA were drafted with sufficient care, and why no reference was made to the provisions of the Children's Act 38 of 2005. The potential difficulties occasioned by the new jurisdictional rules will be described. In conclusion, comments are made about the positive and less positive aspects of the JRCAA, and suggestions for reform are provided.en_US
dc.description.accreditationDepartment of HE and Training approved listen_US
dc.identifier.citationSloth-Nielsen, J. (2011). The jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdiction. Journal for Juridical Science, 36(1): 1-18en_US
dc.identifier.issn0258252X
dc.identifier.urihttp://hdl.handle.net/10566/1288
dc.language.isoenen_US
dc.privacy.showsubmitterfalse
dc.publisherFaculty of Law, University of the Free Stateen_US
dc.rightsCopyright Faculty of Law, University of the Free State. This file may be freely used provided that the source is acknowledged. No commercial distribution of this text is permitted.
dc.source.urihttp://dx.doi.org/10.4314/jjs.v36i1.71813
dc.status.ispeerreviewedtrue
dc.subjectJurisdictionen_US
dc.subjectChildren's Act
dc.subjectFamily court
dc.titleThe jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdictionen_US
dc.typeArticleen_US

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