| (1) | A judge performing active service— |
| (a) | may not hold or perform any other office of profit; and |
| (b) | may not receive in respect of any service any fees, emoluments or other remuneration or allowances apart from his or her salary and any other amount which may be payable to him or her in his or her capacity as a judge: |
Provided that such a judge may, with the written consent of the Minister acting in consultation with the Chief Justice, receive royalties for legal books written or edited by that judge.
| (2) | A judge who has been discharged from active service may only with the written consent of the Minister, acting after consultation with the Chief Justice, hold or perform any other office of profit or receive in respect of any fees, emoluments or other remuneration or allowances apart from his or her salary and any other amount which may be payable to him or her in his or her capacity as a judge. |
(3)
| (a) | Written consent as contemplated in subsection (2) may only be given if the Minister is satisfied that the granting of such consent will not— |
| (i) | adversely affect the efficiency and effectiveness of the administration of justice, including the undermining of any aspect of the administration of justice, especially the civil justice system; |
| (ii) | adversely affect the image or reputation of the administration of justice in the Republic; |
| (iii) | in any manner undermine the legal framework which underpins the judge for life concept; |
| (iv) | result in any judge engaging in any activity that is in conflict with the vocation of a judge; and |
| (v) | bring the judiciary into disrepute or have the potential to do so. |
| (b) | The Minister, acting after consultation with the Chief Justice, may, by notice in the Gazette, issue guidelines regarding any other criteria to be applied when considering the granting of consent contemplated in subsection (2). |
| (c) | Written consent as contemplated in subsection (2) may be granted on the conditions, if any, that the Minister deems appropriate. |
| (4) | The Minister must cause the Registrar of Judges' Registrable Interests referred to in section 13(1) to be informed of all instances where written consent as contemplated in subsections (1) and (2) has been granted. |
| (5) | The Minister must, once every twelve months, table a report in Parliament containing particulars, including the outcome, of every application made in terms of subsection (1) or (2), including any conditions attached to any application granted, during the period covered by the report. |
[Section 11 inserted by section 9 of Act No. 20 of 2008]
