Judicial Officers Amendment of Conditions of Service Amendment Act

1. Section 9 of the Magistrates’ Courts Act, 1944, is amended by the substitution for subsections (3), (4) and ( 5 ) of the following subsections: “(3) Subject to subsections (4) and ( 5 ) , the Minister, after consultation with the head of the court concerned, may appoint any appropriately qualified and fit and proper person to act- ( a ) in the place of any magistrate, additional magistrate or assistant magistrate who is not available; or ( b ) in any vacant office of magistrate; or (c) as a magistrate in addition to any magistrate of a regional division or a district. (4) ( a ) A magistrate at the head of a regional division or a person occupying the office of chief magistrate, including an acting chief magistrate authorized thereto in writing by the Minister, may- (i) whenever a magistrate, additional magistrate or assistant magistrate is for any (ii) reason unavailable to carry out the functions of his or her office; and in consultation with the Minister or an officer in the Department of Justice and Constitutional Development designated by the Minister, temporarily appoint any competent person in the place of the magistrate concerned. ( b ) An appointment in terms of paragraph (a) remains valid for the duration of the unavailability of the magistrate in question, or for a period not exceeding five consecutive court days, whichever period is the shortest. (c) Any person appointed in terms of paragraph (a) may- (i) upon the expiry of the appointment in terms of paragraph (b); and (ii) in whose place the appointment has been made, is if the magistrate unavailable, still be reappointed once only in terms of paragraph ( a ) in the place of that magistrate. ( 5 ) ( a ) Any person appointed in terms of subsection (3)- (i) holds that office for a period determined by the Minister at the time of the appointment, but the period so determined may not exceed three months; and (ii) may be reappointed to that office in terms of subsection (3). (b) The Minister must cause Parliament and the Magistrates Commission to be informed whenever any vacancy in the office of a magistrate has remained unfilled for a continuous period exceeding three months. (6) Any person appointed in terms of subsection (3) or (4) is also deemed to have been so appointed in respect of any period during which he or she is necessarily engaged in connection with the disposal of any proceedings- ( a ) in which he or she has participated as such a magistrate, including an application for leave to appeal in respect of such proceedings; and (b) which have not yet been disposed of at the expiry of the period for which he or she was appointed.”. Amendment of section 1 of Act 90 of 1993, as amended by section 8 of Act 35 of 1996

2. Section 1 of the Magistrates Act, 1993, is amended- ( a ) by the substitution for the definition of “magistrate” of the following definition: ‘‘ ‘magistrate’ means a judicial officer appointed under section 9 of the Magistrates’ Courts Act read with section 10 of this Act [, excluding any SO person occupying that office in an acting or temporary capacity and any assistant magistrate];”; ( b ) by the deletion of the definition of “salary”; 6 ~~ No. 25650 Act No. 28,2003 GOVERNMENT GAZETTE. 3 1 OCTOBER 200’ JUDICIAL OFFICERS (AMENDME:NT OF CONDITIONS OF SERVICE) ACT. 2003 (c) by the addition of the following definition: ‘“remuneration’ means the remuneration that a magistrate is entitled to in terms of section 12;”. Substitution of section 12 of Act 90 of 1993, as amended by section 4 of Act 18 of 1996, section 8 of Act 35 of 1996, section 19 of Act 104 of 1996 and section 35 of Act 47 of 1997 5

3. The following section is substituted for section 12 of the Magistrates Act, 1993: “Remuneration of magistrates 12. (1) ( a ) Magistrates are entitled to such salaries, allowances or benefits- (i) as determined by the President from time to time by notice in the Gazette, after taking into consideration the recommendations of the Independent Commission for the Remuneration of Public Office- bearers established under section 2 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997 (Act No. 92 of 1997); and (ii) approved by Parliament in terms of subsection (3). ( b ) Different categories of salaries and salary scales may be determined 10 15 by the President in respect of different categories of magistrates. ( c ) The Commission referred to in paragraph (a)(i) must, considering the remuneration investigating or with- (i) the Minister and the Cabinet member responsible for finance; and the Chief Justice or a person designated by the Chief Justice. (ii) of magistrates, consult when 20 (2) A notice in terms of subsection (l)(a) or any provision thereof may commence with effect from a date specified in the notice, which date may not be more than one year before the date of publication of the notice. (3) (a) A notice issued under subsection (l)(a) must be submitted to Parliament for approval before publication thereof. (b) Parliament must by resolution- (i) approve the notice, whether in whole or in part; or (ii) disapprove the notice. (4) The amount of any remuneration payable in terms of subsection (1 1, shall be paid out of the National Revenue Fund as contemplated in section 213 of the Constitution. (5) (a) If any magistrate is appointed in an acting or temporary capacity to any other judicial office- (i) for a continuous period exceeding one day; and (ii) the remuneration attached to that office exceeds the remuneration attached to the office ordinarily held by the magistrate, he or she shall, for the duration of such appointment, be entitled to such additional remuneration as determined from time to time by the Minister. (b) For the purpose of paragraph (a) additional remuneration must be calculated by the day, and any part of a day must be reckoned as a day. 25 30 35 t0 (6) The remuneration of magistrates shall not be reduced except by an i5 Act of Parliament. (7) If an officer or employee in the public service is appointed as a magistrate, the period of his or her service as a magistrate shall be reckoned as part of and continuous with his or her service in the public service for the Amendment of section 13 of Act 90 of 1993, as amended by section 4 of Act 85 of 1995, section 4 of Act 18 of 1996, section 6 of Act 35 of 1996 and section 11 of Act 122 of 1998

4. Section 13 of the Magistrates Act, 1993, is amended by the substitution for subsections (3) and (4) of the following subsections: 55 8 No. 25650 Act No. 28,2003 GOVERNMENT GAZETTE. 3 I OCTOBER 2003 JUDICIAL OFFICERS (AMENDMENT OF CONDITIONS OF SERVICE) ACT. 2003 advice of the Commission, may provisionalIJ ‘*(3) (a) The Minister. on the suspend a magistrate from office if- (i) the Commission, after affording the magistrate a reasonable opportunity to be is satisfiec thal the the allegation is heard regarding the desirability of such provisional suspension, that reliable evidence exists indicating magistrate is of magistrate to perform the functions of a magistrate while being investigated; and that an allegation against such a serious nature it inappropriate for as to make (ii) an investigation has been instituted by the Commission into such magistrate’s fitness to hold office. ( b ) A report in which the provisional suspension in terms of paragraph ( a ) of a magistrate and the reasons therefor are made known, must be tabled in Parliament of such suspension, if Parliament is then in by the Minister within seven days session, or, the within seven commencement of its next ensuing session. if Parliament is not then in session, days after ( c ) Parliament must, as soon as is reasonably possible, pass a resolution whether or not the provisional suspension of the magistrate is confirmed. as to (d) If Parliament passes a resolution as contemplated in paragraph (c) that the provisional suspension is not confirmed, the suspension lapses. (e) The provisional suspension of a magistrate in terms of paragraph ( a ) lapses after 60 days from the date of the suspension, unless the Commission, within that period, commences its inquiry into the allegation in question by causing a written notice containing the allegation concerned to be served on the magistrate. 5 10 15 20 (fl An inquiry referred to in paragraph ( e ) must be concluded as soon as possible, and the Commission must cause a report on the progress in respect of that inquiry to be submitted to Parliament every three months. 25 (g) Parliament may, at any stage pending- (i) the conclusion of an inquiry referred to in paragraph (e); or to in subsection (4)(c), (ii) a resolution referred pass a resolution setting aside the suspension whereupon the suspension shall lapse forthwith. of the magistrate concerned, (4) ( a ) If the Commission recommends that a magistrate be removed from of misconduct; office- (i) on the ground (ii) on account of continued ill-health; or (iii) on account of incapacity to carry out the duties of his or her office efficiently, the Minister must suspend that magistrate from oflice or, if the magistrate is at that stage provisionally suspended in terms suspension. of subsection (l)(a), confirm the 30 35 ( b ) A report in which the suspension in terms of paragraph ( a ) of a magistrate and the reason therefor are made known, must be tabled in Parliament by the Minister within 14 days of such suspension, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. (c) Parliament must, as soon as is reasonably possible, pass a resolution as to whether or not the restoration to his or her office of a magistrate so suspended is recommended. 1.0 1.5 (d) After a resolution has been passed by Parliament as contemplated in his or her paragraph (c), the Minister shall restore the magistrate concerned to office or remove him or her from office, as the case may be. (4A) ( a ) The remuneration of a magistrate is not affected during a period of suspension in terms determines otherwise. of subsection ( 3 ) ( a ) or (4)(a), unless the Commission ( b ) If the Commission determines that the remuneration of a magistrate shall be reduced or withheld in terms of paragraph ( a ) , a report regarding that determination and the reason therefor must be tabled in Parliament by the Minister within seven days of such determination. if Parliament is then in session, or, if Parliament is not then in session, within seven days after the commencement of its next ensuing session. ( c ) Parliament must, as soon as is reasonably possible, consider that report and pass a resolution as to whether or not the determination concerned is confirmed, either with or without amendment. or set aside. 50 55 50 10 No. 25650 Act No. 28,2003 GOVERNhfENT GAZETTE, 3 1 OCTOBER 2003 JUDICIAL OFF’ICERS (AMENDMENT OF CONDITIONS OF SERVICE) ACT, 2003 (d) If Parliament passes a resolution as contemplated in paragraph (c) that the determination is set aside, that determination shall lapse with effect from the date when the determination was first made.”. Insertion of section 15A in Act 90 of 1993

5. The following section is inserted in the Magistrates Act, 1993: 5 “Equal benefits accruing to spouses and partners of magistrates

15A. If a magistrate who is not legally married is involved with not more than one person in a permanent heterosexual or same-sex life partnership- ( a ) in which the magistrate and the person concerned have undertaken reciprocal duties of support; and IO (bj which is registered with the Director-General: Justice and Constitu- tional Development in accordance with the regulations made under section 16, that person is for all relevant purposes of this Act regarded as the lawfully wedded spouse of that magistrate.”. 15 Amendment of section 16 of Act 90 of 1993, as amended by sections 7 and 8 of Act 35 of 1996, section 19 of Act 104 of 1996 and section 8 of Act 66 of 1998

6. Section 16 of the Magistrates Act, 1993, is amended by the insertion in subsection (I) of the following paragraph: “(nAj the requirements for, and the registration of, not more than one person and 20 the deregistration of that person as a partner of a magistrate, as envisaged in section ISA, with the Director-General: Justice and Constitutional Development;”. Amendment of section 1 of Act 92 of 1997

7. Section 1 of the Independent Commission Office-bearers Act, 1997, “office-bearer’’ of the following definition: is amended by the substitution for the for the Remuneration of Public definition of 2.5 ‘‘ ‘office-bearer’ means- ( a ) any member of the Cabinet, any Deputy Minister, any member of the National of Provinces Assembly any permanent delegate [any member of the Council of Traditional Leaders, any member of any 30 provincial house of traditional leaders or any traditional leader]: ( b ) any member of the Executive Council of a province or any member of any provincial legislature [or any member of any Municipal Council of any category or type of municipality]; to the National Council (cj any member of any Municipal Council of any category or type of - 35 municipality; (d) any person holding the office of- (i) Constitutional Court judge or a judge as defined in section 1 of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001); and 40 (ii) magistrate who is appointed under section 9 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), read with section IO of the Magistrates Act, 1993 (Act No. 90 of 1993); and (ej any member of the National House of Traditional Leaders, any member of any provincial house of traditional leaders or any traditional leader.”. 45 Amendment of section 3 of Act 92 of 1997

8. Section 3 of the Independent Commission for the Remuneration Office-bearers Act, 1997, following subsection: is amended by the substitution for subsection of Public (I) of the “( 1) The Commission shall consist of [seven] eight members appointed by the 50 President.”. 12 GOVERNMENT No. 25650 Act No. 28,2003 GAZETIE 3 I OCTOBER 2003 OF JUDICIAL OFFICERS (AMENDMENT CONDITIONS OF SERVICE) ACT, 2003 Substitution of section 4 of Act 92 of 1997

9. The following section is substituted for section 4 of the Independent Commission for the Remuneration of Public Office-bearers Act, 199‘7: “Persons not qualified to be members of Commission 4. (1) ( a ) Subject to paragraph (b), no person shall be appointed as a S member of the Commission if- [(u)]@ that person is an office-bearer as defined in paragraphs (a), (b), (c), (d)(ii) or ( e ) of the definition of ‘office-bearer’ in section 1 ; political office in any political party or [(b)](ii) that person holds organisation; 1 0 [(c)](nl) that person is an unrehabilitated insolvent; g [(d)](lv) that person has been convicted that person has been sentenced to imprisonment without the option of a fine for a period of not less than twelve months, unless a period of at least five years has expired sentence was served. after the date on which the of any offence for which 15 ( b ) A person as defined in paragraph (d)(i) of the definition of ‘office bearer’ may only be appointed as a member of the Commission if he or she is designated by the President as the chairperson of the Commission. (2) For the purposes of subsection [(l)(d)] (1)(u)(iv), no person shall be 20 deemed to have been sentenced until an appeal against the conviction or sentence has been disposed of or until the period has expired within which an appeal may be lodged, as the case may be.”. Amendment of section 7 of Act 92 of 1997

10. Section 7 of the Independent Commission for the Remuneration of Public 25 Office-bearers Act, 1997, is amended by the substitution following subsection: for subsection (3) of the “(3) ( a ) If both the chairperson and the deputy chairperson of the Commission to act as chairperson at a meeting of the are absent or for any reason unable Commission, the members present must elect a chairperson from their number for 30 the purpose of that meeting. ( b ) The decision of a majority of the members of the Commission present at a meeting of the Commission shall constitute a decision of the Commission, and, in the event of an equality of votes on any matter, the person presiding at the meeting concerned shall have a casting vote in addition to that person’s deliberative vote.”. 35 Amendment of section 8 of Act 92 of 1997

11. Section 8 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997, is amended by the substitution for subsections (3) and (4) of the following subsections: “(3) The Commission may conduct or cause to be conducted such research or 40 to Parliament, the secretary obtain such information from the Secretary to any provincial legislature, the secretary to the [Council] National House of Traditional Leaders, the secretary executive officer of a n i municipality, the Chief Justice or any person designated for that purpose by the Chief Justice, or any [office-bearer] functionary or body as 45 may be necessary for the performance of the functions of the Commission under this Act, section 319 of the Constitution or any other law. of traditional leaders, the chief to any provincial house 14 No. 25650 Act No. 28,2003 GOVERNMENT GAZETTE, 3 1 OCTOBER 2003 JUDICIAL OFFICERS (AMENDMENT OF CONDITIONS OF SERVICE) ACT. 2003 (3A) Whenever the Commission performs any function in terms of this Act relating to the remuneration of any office-bearer as defined- (a) in paragraph (d)(i) of the definition of ‘office-bearer’ in section I , it must have regard to the provisions of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), and in particular to section 2 of that Act; or ( b ) in paragraph (d)(ii) of the definition of ‘office-bearer’ in section 1, it must have regard to the provisions of the Magistrates Act, 1993 (Act No. 90 of 1993), and in particular to section 12 of that Act. (3B) ( a ) If the chairperson of the Commission is an office-bearer as defined in paragraph (d)(i) of the definition of ‘office-bearer’ in section 1, that member must refrain from participating in any of the Commission’s deliberations relating to the remuneration of any office-bearer as defined in paragraph (d) of the said definition. ( b ) Any member of the Commission who may directly or indirectly derive any of any recommendations by the in any of the Commission’s benefit from the acceptance by the President Commission, must deliberations relating to such recommendations. refrain from participating (4) The Commission shall, after taking into consideration the factors referred to in subsection ( 6 ) , publish [annually] in the Gazette recommendations concern- ing- (a) the salary, allowances and benefits of any office-bearer as defined in [paragraph] paragraphs (a), (d) and (e) of the definition of ‘office-bearer’ in section 1 ; (b) the upper limits of the salary, allowances or benefits of any office-bearer as defined in [paragraph] paragraphs (b) and (c) of the definition of ‘office-bearer’ in section 1; and (c) the resources which are necessary to enable an office-bearer as defined in paragraphs (a), (b), (c) and ( e ) of the definition of ‘office-bearer’ in section 1 to perform the office-bearer’s functions effectively. ( 5 ) Recommendations referred to in subsection in the Gazette at least once a year in respect of each category of office-bearers and must be submitted to Parliament before publication. (4) must be published (6) When making recommendations referred to in subsection (4) the Commis- sion must take the following factors into account: The role, status, duties, functions and responsibilities of the office-bearers concerned; the affordability of different levels of remuneration of public office bearers; current principles and levels of remuneration, particularly in respect of organs of state, and in society generally; inflationary increases; the available resources of the state; and any other factor which, in the opinion of the said Commission, is relevant.”. Amendment of section 13 of Act 92 of 1997

12. Section 13 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997. is amended bv the addition of the following subsection: 45 I I “(3) The vacancy arising in the Commission on account of the amendment of “(3) The vacancy arising in the Commission on account of the amendment of section 3(1) by the Judicial Officers (Amendment of Conditions of Service) Act, section 3(1) by the Judicial Officers (Amendment of Conditions of Service) Act, 2003, shall be 2003, shall be not not exceeding five years, as determined by the President exceeding five years, as determined by the President of such of such appointment.”. filled by the appointment of a member for such term, but filled by the appointment of a member for such term, but at the time at the time Amendment of Schedule 5 to Act 1 of 1999

13. Schedule 5 to the Public Finance Management Act, 1999, is amended by the addition of the following item: “4. Magistrates Act, 1993 (Act No. 90 of 1993) (covering remuneration of magistrates in terms of section 12).”. 5 10 1s 20 2s 30 35 40 - . - . 5 0 5 4 16 No. 25650 Act No. 28,2003 GOVERNMENT GAZETTE. 3 1 OCTOBER 2003 JUDICIAL OFFICERS (AMENDMENT OF CONDITIONS OF SERVICE) ACT. 2003 Amendment of section 1 of Act 47 of 2001

14. Section 1 of the Judges’ Remuneration and Conditions of Employment Act, 2001, is amended- ( a ) by the substitution for the definition of “annual salary” of the following definition: “ ‘annual salary’ means the annual salary referred to in section 2( 1)(aj and the allowance referred to in section 2(1)(b) payable to a Constitu- tional Court judge or a judge [in terms of section 21;”; (bj by the insertion in subsection following definition: (1) after the definition of “Minister” of the ‘‘ ‘partner’ means only one person with whom a Constitutional Court judge or judge, who is not legally married, is involved in a permanent heterosexual or same-sex life partnership- ( a ) in which the Constitutional Court judge or judge and the person s 10 concerned have undertaken reciprocal duties of support; and (b) which is, for the purposes of this Act, registered as such with the Director-General: Justice and Constitutional Development in accord- h”; and ( c ) by the insertion in subsection (1) after the definition of “service” of the following definition: “ ‘spouse’ means a person judge is legally married;”. to whom a Constitutional Court judge or 20 Substitution of section 2 of Act 47 of 2001

15. The following section is substituted for section 2 of the Judges’ Remuneration and Conditions of Employment Act, 2001 : “Remuneration of Constitutional Court judges and judges 2. (1) Any person who holds office as a Constitutional Court judge or as a judge, whether in capacity, shall in respect thereof[, in addition to the amounts referred to in section 13 and an allowance at the rate of R3 500 per annum,] be paid= - ( a ) an annual salary [at a rate] and such allowances or benefits- an acting or permanent (i) as determined by the President, from time to time, by notice in the Gazette, after taking into consideration the recommenda- tions of the Independent Commission for the Remuneration of of the Public Office-bearers, established under section 2 Independent Commission for the Remuneration of Public Office-bearers Act, 1997 (Act No. 92 of 1997); and (ii) approved by Parliament in terms of subsection (4); and (b) an allowance at the rate of R3 500 per annum, which allowance shall not be taxable, unless Parliament expressly provides otherwise. (2) The Commission referred investigating or considering the Constitutional Court judges and judges- (i) consult with the Minister and the Cabinet member responsible for to in subsection salaries, allowances or benefits of ( l ) ( a ) must, when finance; and the Chief Justice or a person designated by the Chief Justice. (ii) (3) A notice in terms of subsection ( l ) ( a ) or any provision thereof may commence with effect from a date specified in the notice, which date may not be more than one year before the date of publication of the notice. (4) [The allowance payable in terms of subsection (1) shall not be taxable, unless Parliament expressly provides otherwise.] ( a ) A notice issued under subsection (l)(a) must be submitted to Parliament for approval before publication thereof. (b) Parliament must, by resolution- 25 30 35 40 45 50 18 No. 25650 Act No. 28,2003 GOVERNMENT GAZETTE. 3 I OCTOBER 2003 JUDICIAL OFFICERS (AMENDMENT OF CONDITIONS OF SERVICE) ACT. 2003 (i) approve the (ii) disapprove the notice. whether in whole or in part; or notice. ( 5 ) [The amount of the annual salary and allowance payable in terms of3 Any remuneration contemplated in subsection (l), shall be paid as a direct charge against the National Revenue Fund. (6) No Constitutional Court judge or judge may, without the consent of the Minister, accept, hold or perform any other office of profit or receive in respect of any service any fees, emoluments or other remuneration apart from his or her salary and any amount which may be payable to him or her in his or her capacity as such a Constitutional Court judge or judge.”. 5 10 Substitution of sections 9 and 10 of Act 47 of 2001

16. The following sections are substituted for sections Remuneration and Conditions of Employment Act, 2001 : 9 and 10 of the Judges’ “Amount payable to surviving spouse or partner Court judge and judge of Constitutional 15 9. (1) The surviving spouse or partner of a Constitutional Court judge or judge who on or after the fixed date was or is discharged from active service in terms of section 3 or 4 or who died or dies while performing active service, shall be the month immediately succeeding the month in which he or she dies an amount- paid with effect from the first day of 20 - in the case of a surviving spouse or partner of a Constitutional Court judge or judge who was so discharged from active service, equal to two thirds of the salary which was in terms of section 5 payable to that Constitutional Court judge or judge; or in the case of a surviving spouse or partner of a Constitutional Court judge or judge who died while performing active service as a Constitutional Court judge or judge, equal to two thirds of the amount to which that Constitutional Court judge or judge would have been entitled in terms of section 5 if he or she was discharged from active service in terms of section 3(l)(a) or (2)(a) on the date of his or her death: 25 30 by more Provided that if the Constitutional Court judge or judge is survived than one spouse, the amount envisaged in paragraph (a) or ( b ) shall be divided equally between the spouses concerned, unless the judge concerned determined otherwise in accordance with a regulation made under section 13(l)(cB). 35 (2) The amount payable to the surviving spouse or partner of a Constitutional Court judge or judge in terms of subsection (1) shall be payable with effect from the first day of the month immediately succeeding the day on which he or she died, and shall be payable until the death of such spouse or partner. 40 Gratuity payable Court judge and judge to surviving spouse or partner of Constitutional

10. If a gratuity referred to in section 6 would have been payable to a Constitutional Court judge or judge who died or dies on or after the fixed of his or her death, was not died but, on the date date had he or she discharged from active service in terms of section 3 or 4, there shall- (a) if such Constitutional Court judge or judge is survived by a 45 [surviving] spouse or partner, be payable to such surviving spouse g partner, in addition to any amount payable to that spouse or partner in terms of section 9; or 50 ( b ) if such Constitutional Court judge or judge is not survived by a spouse or partner, be payable to the estate of such Constitutional Court judge or judge, 20 No. 25650 Act No. 28,2003 GAZETTE, GOVERNMENT

31 OCTOBER 2003 JUDICIAL OFFICERS (AMENDMENT OF CONDITIONS OF SERVICE) ACT, 2003 a gratuity which shall be equal to the amount of the gratuity which would have been so payable to such Constitutional Court judge or judge had he or she not died but was, on the date of his or her death, discharged from active service as aforesaid: Provided that if the Constitutional Court judge or judge is survived by more than one spouse. the gratuity calculated in terms of this section shall be divided equally between the spouses concerned, unless the judge concerned determined otherwise regulation made under section 13(1)(cB).”. in accordance with a 5 Amendment of section 13 of Act 47 of 2001

17. Section 13 of the Judges’ Remuneration and Conditions of Employment Act, IO 200 1, is amended- ( a ) by the addition in subsection (1) of the following paragraphs: (cB) “(CAI the requirements judge or a for, and the registration of, not more than one person and the deregistration of that person as a partner of a Constitutional Court General: Justice and Constitutional Development; the determination, for the purposes to section of the proviso 9( I), lO(1) or 11(7), by a Constitutional Court judge or judge who has more than one spouse, of the division of the amounts referred to in those sections between those spouses in the event of his or her death;”; and judge with the Director- 15 2 0 (b) by the deletion in subsection (1) of paragraph (e). Amendment of section 13 of Act 47 of 2001

18. Section 13 of the Judges’ Remuneration and Conditions of Employment Act, 2001, is amended by the addition in subsection (1) of the following paragraphs: 25 “(CAI the requirements for, and the registration of, not more than one person and the deregistration of that person as a partner of a Constitutional Court judge or a judge with the Director-General: Justice and Constitutional Develop- ment; (cB) the determination, for the purposes of the proviso to section 9(1), lO(1) or 11(7), by a Constitutional Court judge or judge who has more than one spouse, of the division of the amounts referred to in those sections between those spouses in the event of his or her death;”. Transitional provisions 19. ( I ) Subject to subsection (2), any remuneration, including any annual salary, 35 salary, allowance or benefit accruing immediately before the commencement to a magistrate or a judge, is deemed to have been determined in accordance with- of this Act (a) section 12 of the Magistrates Act, 1993 (Act No. 90 of 1993), as amended by this Act; or (b) section 2 of the Judges’ Remuneration and Conditions 2001 (Act No. 47 of 2001), as amended by this Act, of Employment Act, 40 as the case may be. (2) The remuneration referred to in subsection (I) does not include any amount payable- ( a ) to a magistrate under a regulation made in terms of section 16(1)(a) or (g) of 45 the Magistrates Act, 1993; or (b) to a judge under a regulation made in terms of section 13(l)(c) or (d) of the Judges’ Remuneration and Conditions of Employment Act, 2001. (3) Any person who, immediately before the commencement of this Act, held an acting appointment as a magistrate in terms of section 9(3) of the Magistrates’ Courts 50 Act, 1944 (Act NO. 32 of 1944)- ( a ) is deemed to have been so appointed in terms of section 9(3) of that Act, as amended by section 1 of this Act; and (cid:9) (cid:9) Act No. 28, 2003' JUDICIAL OFFICERS (AMENDMENT OF CONDITIONS OF SERVICE) ACT, 2003 (b) notwithstanding section 9(5)(a)(i) of that Act, holds that office for the period determined before the commencement of this Act. Short title and commencement

20. ThisAct is called the Judicial Officers (Amendment of Conditions of Service) Act, 2003, and comes into operation on 1 November 2003 or on such earlier date as may be fixed by the President by proclamation in the Gazette .