| (1) | In this Act, unless the context indicates otherwise— |
"active service"
means any service performed as a Constitutional Court judge or judge in a permanent capacity, irrespective of whether or not such service was performed prior to or after the date of commencement of this Act, and includes any continuous period—
| (a) | of longer than 29 days of such service in an acting capacity prior to assuming office as a Constitutional Court judge or judge in a permanent capacity if such service was performed before the date of commencement of this Act; and |
| (b) | of such service in an acting capacity prior to assuming office as a Constitutional Court judge or judge in a permanent capacity if such service was performed after the date of commencement of this Act; |
"annual salary"
means the annual salary and the allowance payable to a Constitutional Court judge or judge in terms of section 2;
"Constitution"
means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
"Constitutional Court judge"
means any person holding the office of—
| (a) | Chief Justice of South Africa; |
| (b) | Deputy Chief Justice; or |
| (c) | judge of the Constitutional Court, |
and includes any person who, since 7 June 1994, held, the office of—
| (i) | President of the Constitutional Court; |
| (ii) | Deputy President of the Constitutional Court; or |
| (iii) | judge of the Constitutional Court; |
"fixed date"
is 1 April 1989;
"judge"
means any person holding the office of—
| (a) | President or Deputy President of the Supreme Court of Appeal; |
| (b) | judge of the Supreme Court of Appeal; |
| (c) | Judge President or Deputy Judge President of any High Court; or |
| (d) | judge of any High Court, |
and includes any person who, at or since the fixed date, held the office of—
| (i) | Chief Justice of South Africa or Deputy Chief Justice; |
| (ii) | judge of the Appellate Division of the Supreme Court of South Africa or of the Supreme Court of Appeal; |
| (iii) | Judge President or Deputy Judge President of any provincial or local division of the Supreme Court of South Africa or of any High Court; |
| (iv) | judge of any provincial or local division of the Supreme Court of South Africa or of any High Court; or |
| (v) | judge of any court of a homeland referred to in Item 16 of Schedule 6 to the Constitution, read with Item 1 thereof; |
"Minister"
means the Cabinet member responsible for the administration of justice;
"salary"
means the salary payable to a Constitutional Court judge or judge in terms of section 5;
"service"
means—
| (a) | service as a judge of the Supreme Court of Appeal or a High Court as contemplated in the Supreme Court Act, 1959 (Act No. 59 of 1959), in the same or a higher office held by the judge concerned on discharge from active service, or, with the approval of the judge concerned, service in a lower office; |
| (b) | service as a chairperson or a member of a commission as contemplated in the Commissions Act, 1947 (Act No. 8 of 1947); |
| (c) | service as a chairperson or a member of a body or institution established by or under any law; or |
| (d) | any other service which the Minister may request him or her to perform. |
| (2) | This Act applies to all Constitutional Court judges and judges— |
| (a) | to whom the Judges’ Remuneration and Conditions of Employment Act, 1989 |
| (b) | to whom corresponding legislation in any homeland, as defined in Item 1 of Schedule 6 to the Constitution, which, immediately before the date of commencement of this Act, had not been repealed, applied. |
