| (1) | In exceptional circumstances leave for which no provision has been made in these regulations can be granted in a specific case, on such conditions as might be deemed necessary, whether it be leave with full remuneration or leave with reduced or no remuneration: Provided that the Constitutional Court judge or judge concerned has, in the case of leave with reduced remuneration or leave without remuneration, in writing waived his or her right to unreduced remuneration in terms of section 176(3) of the Constitution of the Republic of South Africa, 1996. |
| (2) | The Deputy Chief Justice grants leave to the Chief Justice; |
| (3) | The Chief Justice may grant special leave to the Deputy Chief Justice, a Constitutional Court judge, the President of the Supreme Court of Appeal or a Judge President of a division of the High Court. |
| (a) | The President of the Supreme Court of Appeal may grant special leave to the Deputy President of the Supreme Court of Appeal or a judge of the Supreme Court of Appeal. |
| (b) | The Deputy President of the Supreme Court of Appeal may grant special leave to the President of the Supreme Court of Appeal or a judge of the Supreme Court of Appeal. |
| (c) | The President of the Supreme Court of Appeal must inform the Chief Justice of any special leave granted in terms of paragraph (a). |
| (a) | A Judge President of a division of the High Court may grant special leave to a Deputy Judge President of a division of the High Court or a judge in the division of the High Court under the control of such Judge President. |
| (b) | The Deputy Judge President of a division of the High Court may grant special leave to the Judge President of the High Court or a judge in the division of the High Court under the control of such Judge President. |
| (c) | The Judge President must inform the Chief Justice of any special leave granted in terms of paragraph (a). |
[Regulation 5 substituted by section 4 of Judges Remuneration and Conditions of Employment Act 2001: Amendment of Regulations, R.3690, GG49010, dated 21 July 2023]
