Mandating Procedures of Provinces Act, 2008
R 385
Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)3. Constitution of board and period of office of members |
| (a) | a judge of the Constitutional Court, the Supreme Court of Appeal or the High Court, or a judge who held the office of judge of the Constitutional Court, the Supreme Court of Appeal or the High Court and who is discharged from active service in terms of section 3 of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), whom the Minister designates as the chairperson; |
[Section 3(1)(a) substituted by section 16(a) of Act No. 8 of 2017]
| (b) | a judge of the Constitutional Court, the Supreme Court of Appeal or the High Court, or a judge who held the office of judge of the Constitutional Court, the Supreme Court of Appeal or the High Court and who is discharged from active service in terms of section 3 of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), whom the Minister designates as the vice-chairperson; |
[Section 3(1)(b) substituted by section 16(a) of Act No. 8 of 2017]
| (c) | one magistrate appointed for a district and one magistrate appointed for a regional division under section 9(1)(a) of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944); |
[Section 3(1)(c) substituted by section 16(a) of Act No. 8 of 2017]
| (d) | two practising advocates, after consultation with the General Council of the Bar of South Africa; |
| (e) | two practising attorneys, after consultation with the Association of Law Societies of the Republic of South Africa; |
| (f) | a lecturer in law at a university in the Republic; |
| (g) | an officer of the Department of Justice; |
| (h) | not more than two persons who, in the opinion of the Minister, have the necessary expertise to serve as members of the Board; and |
[Section 3(1)(h) substituted by section 16(b) of Act No. 8 of 2017]
| (i) | a sheriff appointed under section 2(1) of the Sheriff's Act 1986 (Act No. 90 of 1986), who is nominated by the South African Board for Sheriffs established by section 7 of the Sheriff's Act, 1986. |
[Section 3(1)(i) inserted by section 16(c) of Act No. 8 of 2017]
| (1A) | The Minister may in respect of a member referred to in paragraph (d) or (e) of subsection (1) appoint a practising advocate or practising attorney, as the case may be, as an alternate member after consultation as required by the paragraph in question has taken place, to act during the absence from any meeting of the Board of the member in respect of whom he or she is so appointed, in the place of that member. |
[Section 3(1A) substituted by section 26(c) of Act No. 62 of 2000]
| (2) | A member of the Board shall be appointed for a period of not more than five years, and any such appointment may be terminated at any time by the Minister if in his or her opinion there are sound reasons for doing so. |
[Section 3(2) substituted by section 26(d) of Act No. 62 of 2000]
| (3) | Any person whose period of office as a member of the Board has expired, may be reappointed. |
[NB: Section 3 has been substituted by section 61 of the General Law Third Amendment Act 129 of 1993, a provision which will be put into operation by proclamation.]
