Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001)

Chapter 2 : Remuneration and Conditions of Employment of Constitutional Court Judges and Judges

10. Gratuity payable to surviving spouse of Constitutional Court judge and judge
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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 date had he or she not died but, on the date of his or her death, was 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 surviving spouse, be payable to such surviving spouse, in addition to any amount payable to that spouse in terms of section 9; or
(b)if such Constitutional Court judge or judge is not survived by a spouse, be payable to the estate of such Constitutional Court judge or judge,

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.