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

Chapter 3 : General Provisions

13. Regulations

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(1)The President may, after consultation by the Minister with the Chief Justice, the President of the Supreme Court of Appeal and the judges president of the respective High Courts, make regulations as to—
(a)arrangements regarding administrative recesses;
(b)the periods for which and the circumstances under which and conditions upon which leave of absence may be granted to Constitutional Court judges or acting Constitutional Court judges,  judges or acting judges;
(c)the method of transport of such Constitutional Court judges or judges, and of Constitutional Court judges or judges on their discharge from active service or their vacation of office and of Constitutional Court judges or judges in the performance of service in terms of section 7, and of the members of their families and of the effects of Constitutional Court judges or judges or Constitutional Court judges or judges who have been discharged from active service or who have vacated their offices or Constitutional Court judges or judges who perform service in terms of section 7 or deceased Constitutional Court judges or judges, the amounts to be paid to Constitutional Court judges or judges or acting Constitutional Court judges or judges in connection with transport and subsistence, and the circumstances in which any such transport may be provided and any such amounts may be paid;
(d)the amounts which may be paid to acting Constitutional Court judges or acting judges in connection with the maintenance by them of their practices as advocates or attorneys; or
(e)the amounts payable to Constitutional Court judges or judges of the Supreme Court of Appeal in connection with their accommodation.

 

(2)A regulation under subsection (1) may provide that an amount referred to in paragraph (c) or (d) of that subsection shall be calculated either in accordance with a scale or having regard to the expenses actually incurred in connection with the matter concerned.

 

(3)
(a) The President may, on the recommendation of the Minister, from time to time, by notice in the Gazette, adjust any amount determined in terms of subsection (1)(c) or (d).
(b) The Minister must make the recommendations referred to in paragraph (a)—
(i) after consultation with the Chief Justice, the President of the Supreme Court of Appeal and the judges president of the High Court of South Africa; and
(ii) with the concurrence of the Cabinet member responsible for Finance.

[Section 13(3) inserted by section 22 of the Judicial Matters Amendment Act 2023, Notice No. 4597, GG50430, dated 3 April 2024]