Clause 11

by deleting the words “a Judge” in subsection (2) and substituting the words “the High Court or the Court of Appeal”;

by deleting subsection (2B); and

by inserting, immediately after subsection (5), the following subsections:“(6) Subsections (1) and (2) shall not apply to any decision, judgment or order of the High Court in —

any family proceedings (not being probate proceedings) commenced in the High Court before 1 October 2014;

any contentious probate proceedings commenced in the High Court before the date specified under section 47(11) of the Family Justice Act 2014 (Act 27 of 2014) for the purposes of section 47(2) of that Act; and

any appeal from any contentious probate proceedings commenced in a District Court, being an appeal commenced in the High Court before the date specified under section 47(11) of the Family Justice Act 2014 for the purposes of section 47(7) of that Act.(7) Except with the leave of the High Court or the Court of Appeal, no appeal shall be brought to the Court of Appeal from any decision, judgment or order of the High Court involving the exercise of the appellate civil jurisdiction of the High Court in any of the following circumstances:

the hearing of any appeal from a District Court or Magistrate’s Court when exercising jurisdiction of a quasi-criminal or civil nature in any family proceedings (not being probate proceedings), being an appeal commenced in the High Court before 1 October 2014;

the hearing of any appeal or special case from the Tribunal for the Maintenance of Parents, being an appeal or a special case commenced in the High Court before 1 October 2014;

the hearing of any appeal from any contentious probate proceedings commenced in a District Court, being an appeal commenced in the High Court before the date specified under section 47(11) of the Family Justice Act 2014 for the purposes of section 47(7) of that Act.(8) In this section —“family proceedings” has the same meaning as in section 2(1) of the Family Justice Act 2014;“probate proceedings” has the same meaning as in section 47(13) of the Family Justice Act 2014.”.