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

3. Discharge of Constitutional Court judges and judges from active service
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(1)A Constitutional Court judge who holds office in terms of section 176(1) of the Constitution—
(a)must, subject to the provisions of section 4(1) or (2), be discharged from active service as a Constitutional Court judge, on the date on which he or she—
(i)attains the age of 70 years; or
(ii)has completed a 12-year term of office as a Constitutional Court judge,

whichever occurs first;

(b)may at any time be discharged by the President from active service as a Constitutional Court judge if he or she becomes afflicted with a permanent infirmity of mind or body which renders him or her incapable of performing his or her official duties; or
(c)may at any time on his or her request and with the approval of the President be discharged from active service as a Constitutional Court judge if there is any reason which the President deems sufficient.

 

(2)A judge who holds office in a permanent capacity—
(a)shall, subject to the provisions of section 4(4), be discharged from active service as a judge on the date on which he or she attains the age of 70 years, if he or she has on that date completed a period of active service of not less than 10 years, or, if he or she has on that date not yet completed a period of 10 years’ active service, on the date immediately following the day on which he or she completes a period of 10 years’ active service;
(b)who has already attained the age of 65 years and has performed active service for a period of 15 years, and who informs the Minister in writing that he or she no longer wishes to perform active service, shall be discharged by the President from active service as a judge;
(c)may at any time be discharged by the President from active service as a judge if he or she becomes afflicted with a permanent infirmity of mind or body which renders him or her incapable of performing his or her official duties; or
(d)may at any time on his or her request and with the approval of the President be discharged from active service as a judge if there is any reason which the President deems sufficient.