This section defines key terms and sets transitional rules for magistrates, including when the Magistrates Act applies, how certain pending matters must be referred, and how some pension membership rules continue.
1. In this Act, unless the context otherwise indicates- (i) "fixed date" means the date of the commencement of this Act; (iii) (ii) "former state" means any area which forms part of the national territory of the · Republic, and in respect of which, before the fixed date; the Magistrates Act; 5 did not apply; (iv) (iii) ·"magistrate" means ·any person appointed as a magistrate under a law of a former state, excluding any person occupying that office in terms of such law in an acting or temporary capacity and any assistant magistrate; (i) I 0 (iv) "Magistrates Act" means the Magistrates Act, 1993 (Act No. 90 of 1993); (v) and . (v) "Magistrates Commission" means the Magistrates Commission established . _by section 2 of the Magistrates Act. (ii) 15 Application of Magistrates Act 2. (I) The Magistrates Act shall from the fixed date apply throughout the Republic:· ·. Provided that section 13(1) of that Act shall not be so applicable to a magistrate to whom ·- a different retirement age than 65 years was applicable on 1 October 1993, unless such magistrate consents to such application by notice in writing to the Director-General: · 20 Justice within one month after the fixed date. · · (2) Any magistrate shall from the fixed date be deemed to have been duly appointed in accordance with section I 0 of the Magistrates Act, and the provisions of that Act shall, subject to the provisions of this Act, be applicable in respect of such magistrate. 4 No. 16733 Act No. 85, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 JUDICIAL MATIERS AMENDMENT ACf, 1995. (3) For the purpose of the appointment of a magistrate in a former state after the fixed date, any reference in the Magistrates Act to a provision of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), shall be construed as a reference to the corresponding law in force in such former state at the time of such appointment. Transitional provisions 3. (I) Any magistrate transferred before the fixed date to perform magisterial functions at any place in the Republic outside the former state where such magistrate was appointed as a magistrate, shall for all purposes be deemed to have been validly so transferred and to have performed such functions validly. (2) The conditions of service contemplated in section II of the Magistrates Act which were applicable to a magistrate immediately before the fixed date, shall continue to apply to such magistrate until amended by a determination under that section, made in order to establish uniformity of the terms and conditions of service of magistrates throughout the Republic. " 5 I 0 (3) Notwithstanding the provisions 'of section 2(2),' and of section 18(5)(c) of the 15 Magistrates Act, any magistrate who, immediately before the fixed date, was a member of any pension fund other than the Government Service Pension Fund referred to in section 3 of the Government Service Pension Act, 1973 (Act No. 57 of 1973), shall-· (a) remain a member of such pension fund; and (b) contribute to such pension fund, until otherwise provided for under section 16(1)(b) of the Magistrates Act. (4)(a) The Director-General: Justice shall refer any investigation or procedure in terms of a law of a former state in respect of- (i) alleged misconduct by; or (ii) any complaint by or grievance of, 20 25 a magistrate, which has not been finalised by the fixed date, to the Magistrates Comntission, which shall, subject to the Constitution, treat the matter as it deems appropriate. (b) The Magistrates Commission may in respect of any matter referred to it in terms of paragraph (a)- . . . 30 · (i) exercise the powers and the jurisdiction conferred upon it by the Magistrates Act and the regulations made thereunder; and (ii) have such regard to the existing record of any proceedings in such matter as it deems appropriate. · Amendment of section 13 of Act 90 of 1993