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 Judges11. Resignation of Constitutional Court judges and judges from office in certain circumstances |
| (1) | Any resignation by a Constitutional Court judge or judge which is not contemplated in this Act precludes the payment of any benefits to such person in terms of this Act to which a Constitutional Court judge or judge would otherwise be entitled on discharge from active service. |
| (2) | A Constitutional Court judge who is a judge contemplated in section 174(5) of the Constitution or a judge who holds office in a permanent capacity, who already has attained the age of 65 years and has performed 15 years’ active service may resign from office by notice in writing to the President that he or she no longer wishes to serve in the office of such judge, and shall vacate his or her office upon acceptance of such resignation. |
| (3) | A Constitutional Court judge or a judge referred to in subsection (2) shall be paid— |
| (a) | a salary in accordance with the provisions of section 5: Provided that the proviso in section 5(1)(a) shall not apply in respect of him or her; |
| (b) | a gratuity in accordance with the formula set out in section 6(1). |
| (4) | A Constitutional Court judge who is not a judge contemplated in section 174(5) of the Constitution who has completed a 12 year term of office as a Constitutional Court judge or who has attained the age of 70 years, whichever occurs first, may resign from office by notice in writing to the President and must vacate his or her office upon acceptance by the President of such resignation. |
| (5) | A Constitutional Court judge referred to in subsection (4) must be paid— |
| (a) | a salary in accordance with the provisions of section 5: Provided that the proviso in section 5(1)(a) does not apply in respect of him or her; |
| (b) | a gratuity in accordance with the formula set out in section 6(1). |
| (6) | The provisions of section 6(7) apply with the necessary changes in respect of any gratuity payable in terms of this section. |
| (7) | The surviving spouse of a Constitutional Court judge or judge referred to in subsection (2) or (4) must, with effect from the first day of the month immediately succeeding the month in which he or she dies, be paid an amount equal to two thirds of the salary which was payable to that Constitutional Court judge or judge in terms of subsection (3)(a) or (5)(a), which amount shall be payable until the death of such spouse. |