| (i) | has not attained the age of 75 years must, subject to paragraph (c), be available to perform service until he or she attains the age of 75 years, for a period or periods which, in the aggregate, amount to three months a year: Provided that such a Constitutional Court judge or judge may voluntarily perform more than three months’ service a year, if his or her services are so requested; or |
| (ii) | has already attained the age of 75 years, may voluntarily perform further service, if his or her services are so requested, |
if that Constitutional Court judge’s or judge’s mental and physical health enable him or her to perform such service.
| (b) | Service referred to in paragraph (a) of the definition of ‘service’ in section 1, in a permanent post on the establishment of a particular court, may, subject to paragraph (bA), only be performed if that service is requested by the Chief Justice, President of the Supreme Court of Appeal or the judge president in whose area of jurisdiction the Constitutional Court judge or judge resides or of the court to which he or she was attached when discharged from active service, or with his or her consent, any other judge president, in consultation with the Chief Justice or the the judge president in question, as the case may be, and the Minister so approves, after consultation with the Judicial Service Commission. |
[Section 7(1)(b) substituted by section 34(a) of Act No. 66 of 2008, GG 31908, dated 17 February 2009]
| (bA) | Service referred to in paragraph (a) of the definition of ‘service’ in section 1 which becomes necessary as a result of the creation of an additional temporary post on the establishment of a particular court, to deal with additional workload or backlogs which have developed, may be performed if that service is approved by the Minister after consultation with the head of the court in question, and for the period decided by the Minister, which period may not exceed three months at a time. |
[Section 7(1)(bA) inserted by section 34(b) of Act No. 66 of 2008, GG 31908, dated 17 February 2009]
| (c) | Service as mentioned in paragraph (b), (c) or (d) of the definition of “service” in section 1 may be performed only with the consent of the Constitutional Court judge or judge concerned. |
| (a) | A Constitutional Court judge or judge who performs service in terms of subsection (1), as contemplated in paragraph (a) of the definition of “service” in section 1, shall, subject to paragraph (b)(ii), monthly be paid an additional amount in remuneration which is equal to the amount which at that time is payable to the holder of the office which he or she holds for that period. |
| (b) | A Constitutional Court judge or judge who performs service in terms of subsection (1) as contemplated in— |
| (i) | paragraphs (b) to (d) of the definition of “service” in section 1 ; and |
| (ii) | the proviso to subsection (1)(a)(i) or in subsection (1)(a)(ii), read with paragraph (a) of the definition of “service” in section 1, |
shall monthly be paid such remuneration as the President may determine.
| (3) | The salary of a Constitutional Court judge or judge who contrary to subsection (1)(a)(i) fails to perform the minimum period of service referred to in that subsection if so requested, shall, for every full year during which he or she so fails, be reduced by two per cent: Provided that such reduction shall, in the aggregate, not amount to more than 10 per cent of such salary. |
| (4) | The registrar of the Supreme Court of Appeal or a Division of the High Court or a local seat thereof where a Constitutional Court judge or judge performs service in terms of subsection (1), shall notify the Secretary-General of the Office of the Chief Justice immediately of the commencement and duration of the service. |
[Section 7(4) substituted by section 12 of Act No. 24 of 2015, GG 39587, dated 8 January 2016]
| (5) | The Secretary-General of the Office of the Chief Justice shall keep a register of all service performed by Constitutional Court judges or [Section 7(5) substituted by section 12 of Act No. 24 of 2015, GG 39587, dated 8 January 2016] |
