| (1) | Notwithstanding the repeal of— |
| (a) | the Judges’ Remuneration and Conditions of Employment Act, 1989 (Act No. 88 of 1989); |
| (b) | the Judges’ Remuneration and Conditions of Employment Act, 1989 (Act No. 27 of 1989) (Bophuthatswana): and |
| (c) | Decree No. 19 (Judges’ Remuneration and Conditions of Service) of 1990 (Decree No. 19 of 1990) (Transkei), |
by section 17 of this Act, the regulations which were made under the said Acts and were in force immediately before the date of commencement of this Act and which are not inconsistent with this Act, continue in force in respect of those judges to which the regulations applied immediately prior to the commencement of this Act until they are repealed, withdrawn or amended by regulations made under section 13 of this Act.
(2)
| (i) | section 1 of the Judges’ Remuneration and Conditions of Employment Act, 1989 (Act No. 27 of 1989) (Bophuthatswana); or |
| (ii) | section 1 of Decree No. 19 (Judges’ Remuneration and Conditions of Service) of 19990 (Decree No. 19 of 1990) (Transkei), |
performed by a judge referred to in section 1 prior to the commencement of this Act is, for the purposes of this Act, deemed to be active service or service as contemplated in section 1(1) of this Act.
| (b) | For the purposes of section 1(1) of this Act the word “service” in the definition of “active service” in section 1(1), preceding paragraph (a) thereof, is construed to include service performed by— |
| (i) | a judge of the Republic of South Africa, prior to the commencement of the Interim Constitution, who was seconded to serve as a judge in any court of a homeland referred to in Item 16 of Schedule 6 to the Constitution, read with Item 1 thereof, while he or she was so seconded and so served; or |
| (ii) | a judge in the former South West Africa prior to its independence and who, at the commencement of this Act, holds office as a judge of a High Court. |
| (c) | If a judge who has been seconded for active service or service as a judge of a High Court or Supreme Court of a homeland as defined in Item 1 of Schedule 6 to the Constitution, dies or is discharged from active service while holding the office of chief justice of such a High Court or Supreme Court of such a homeland in a permanent capacity, his or her salary shall for the purposes of this Act be deemed to be that of a judge president of a High Court. |
| (d) | If a judge who has been seconded for service as a judge of a High Court or Supreme Court of a homeland as defined in Item 1 of Schedule 6 to the Constitution, holds the office of chief justice of such a High Court or Supreme Court in a permanent or acting capacity, and if the amount of the salary and allowance payable to him or her in terms of section 2(1) is less than the amount of the salary and allowance payable in terms of that subsection to a judge president of a High Court, he or she shall, in addition to the salary and allowance payable to him or her as aforesaid, be paid an allowance equal to the difference between the amount of the salary and allowance payable to him or her as aforesaid and the amount of the salary and allowance payable as aforesaid to such a judge president. |
| (3) | Section 4 of Decree No. 19 (Judges’ Remuneration and Conditions of Service) of 1990 (Decree No. 19 of 1990) (Transkei) continues to apply to any person to whom it applied at the date of commencement of this Act as if it had not been repealed. |
| (a) | Any person who retired as a judge in terms of the Judges’ Pensions Act, 1978 (Act No. 90 of 1978), and who, at the commencement of this section, receives a pension in terms of the said Judges’ Pensions Act, 1978, is, from the date of commencement of this section, entitled to an amount equal to two thirds of the salary payable to a judge contemplated in section 5(1) of this Act who held the same or a similar office to that of the retired judge on the date of the latter’s retirement from office and who has the same number of years’ service in an acting or permanent capacity. |
| (b) | After the commencement of this section, any surviving spouse of a judge referred to in paragraph (a) shall be paid with effect from the first day of the month immediately succeeding the day on which the judge died, an amount equal to one half of the amount to which his or her deceased spouse would have been entitled under paragraph (a). |
| (c) | Any surviving spouse of a judge who retired as a judge in terms of the Judges’ Pensions Act, 1978, and who, at the commencement of this section, receives a pension in terms of the said Act, is, from the date of commencement of this section, entitled to an amount equal to one half of the amount to which his or her deceased spouse would have been entitled under paragraph (a). |
