Magistrates Act, 1993 (Act No. 90 of 1993)Regulations for Judicial Officers in Lower Courts, 1994Chapter II : Regulations Regarding MagistratesPart VIII : Vacation of office on account of continued ill-health30. Procedure for vacation of office |
| (1) | A magistrate who in terms of section 13(5)(a)(i) of the Act, makes a request to vacate his office shall submit such request in writing, with full particulars in support thereof, which request shall be directed to the Minister and forwarded to the Director-General for submission to the Minister. |
| (2) | The written request referred to in subregulation (1) shall be accompanied by a medical report from a medical practitioner of the magistrate concerned’s own choice setting out the medical history, including the present medical condition, of the magistrate. |
| (3) | The Minister may, after receipt of the request referred to in subregulation (1) and the medical report referred to in subregulation (2), order that the magistrate subject himself to a medical examination by a medical practitioner designated by the Minister, where after the medical practitioner shall submit a medical report to the Minister. |
| (4) | The Minister shall consider the request and make a final decision. |
| (5) | The costs incidental to the medical examinations referred to in subregulations (2) and (3) shall be paid by the magistrate concerned. |