The Land Court Act, 2023 (Act No. 6 of 2023)Chapter 3 : Judges, Officers and Assessors of Court8. Appointment of judges of Court |
| (1) | The President, acting on the advice of the Judicial Service Commission, must, subject to subsection (4), appoint a Judge President and a Deputy Judge President of the Court. |
| (2) | The Deputy Judge President must act as Judge President of the Court whenever the Judge President is unable to do so for any reason. |
| (3) |
| (a) | The President, acting on the advice of the Judicial Service Commission, and the Judge President of the Court may, subject to subsection (4), appoint as many persons as is necessary as judges of the Court, including persons who may have been judges of the High Court at the time they were appointed to the Court. |
| (b) | Any person who was not a judge of the High Court of South Africa or any court of a status similar to the High Court of South Africa at the time of the appointment to the Court does not automatically hold concurrent appointment to the Court and the High Court of South Africa, unless the Judicial Service Commission advises the President that such person must hold concurrent appointment. |
| (4) | The Judge President, Deputy Judge President and judges of the Court must— |
| (a) | by reason of their training and experience, have expertise in the field of land rights matters; |
| (b) | be broadly representative in terms of race and gender; and |
| (c) | be fit and proper persons who are appropriately qualified. |
| (5) | In case of a vacancy in the office of the Deputy Judge President or a judge of the Court, or if there is sufficient reason for the appointment of an acting judge, the Minister may, after consultation with the Judge President of the Court, in accordance with section 175(2) of the Constitution, appoint an acting judge of the Court for such term as the Minister may determine. |