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Judicial Service Commission Act, 1994 (Act No. 9 of 1994)

Regulations

Disclosure of Registrable Interests

2. Registrable interests

 

(1) Subject to subregulation (2), the registrable interests of—
(a) judges in active service and those of their immediate family members; and
(b) judges who have been discharged from active service, who are required to be available to perform service in terms of section 7((1)(a)(i) of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001),

are as listed in Annexure A.

 

(2)        

(a) The interests of judges who have been discharged from active service and who are not required to be available to perform service in terms of section 7((1)(a)(i) of the Judges' Remuneration and Conditions of Employment Act, 2001, are not registrable, but if such a judge is called on to perform service as a judge, the Head of the Court where that judge performs that service may, on an application in chambers by a party to proceedings before that judge, require the judge to disclose to the Head of Court and the party in question whether the judge has any interests that may, or may be perceived to, prejudice the integrity of those proceedings. If the service in question is not related to a particular court, the application may be made to the Chief Justice.
(b) The interests of a judge's dependent children are registrable if the judge is in active service. The interests of a judge's other immediate family members are only registrable if—
(i) the judge is in active service;
(ii) the judge wishes to disclose those interests; and
(ii) the immediate family members in question consent to such disclosure.

 

(3) The interests of an acting judge are not registrable, but the Head of the Court where such a judge holds an acting appointment may, on an application in chambers by a party to proceedings before that acting judge, require the acting judge to disclose to the Head of Court and the party in question whether the acting judge has any interests that may, or may be perceived to, prejudice the integrity of those proceedings.