| (1) | A Constitutional Court judge whose 12-year term of office as a Constitutional Court judge expires before he or she has completed 15 years’ active service must, subject to subsection (2), continue to perform active service as a Constitutional Court judge to the date on which he or she completes a period of 15 years’ active service, whereupon he or she must be discharged from active service as a Constitutional Court judge. |
| (2) | A Constitutional Court judge who, on attaining the age of 70 years, has not yet completed 15 years’ active service, must continue to perform active service as a Constitutional Court judge to the date on which he or she completes a period of 15 years’ active service or attains the age of 75 years, whichever occurs first, whereupon he or she must be discharged from active service as a Constitutional Court judge. |
| (a) | A Constitutional Court judge who is discharged from active service in terms of section 3(1) or subsection (1) or (2) and who is also a judge contemplated in section 174(5) of the Constitution. may continue to perform active service as a judge in the court in which he or she held office as such immediately before he or she was appointed as a Constitutional Court judge if— |
| (i) | he or she indicates his or her willingness to do so in writing to the President three months before he or she is so discharged from active service; and |
| (ii) | he or she still qualifies to hold office as such a judge in a permanent capacity in terms of section 3(2) or subsection (4). |
| (b) | Nothing in this Act precludes a Constitutional Court judge— |
| (i) | who is discharged from active service in terms of section 3(1) or subsection (1) or (2); and |
| (ii) | who is not a judge contemplated in section 174(5) of the Constitution, |
from being appointed to the office of judge in a court other than the Constitutional Court by the President on the advice of the Judicial Service Commission as contemplated in the Constitution, if he or she still qualifies to hold office as such a judge in a permanent capacity in terms of section 3(2) or subsection (4).
| (c) | The holding of office by a judge referred to in paragraph (a) or (b)— |
| (i) | interrupts that judge’s discharge from active service in terms of section 3(1) or subsection (1) or (2); and |
| (ii) | suspends any salary payable in terms of section 5 to that judge pursuant to such discharge from active service. |
| (d) | The holding of office by a judge referred to in paragraph (a) or (b), entitles such a judge to an annual salary which— |
| (ii) | may not be less than the annual salary applicable to the highest office held as a Constitutional Court judge or a judge. |
| (4) | A judge who on attaining the age of 70 years has not yet completed 15 years’ active service, may continue to perform active service to the date on which he or she completes a period of 15 years' active service or attains the age of 75 years, whichever occurs first, whereupon he or she must be discharged from active service as a judge. |
