Maintenance Act, 1998
R 385
Children's Act, 2005 (Act No. 38 of 2005)RegulationsRegulations relating to Children's Courts and International Child Abduction, 2010Chapter V : Miscellaneous35. Remuneration of persons not in employ of state |
| (1) | The remuneration paid to persons not in the employ of the state as provided for in section 75(1)(j) of the Act must be paid by the state if the person acted by direction of the court. |
| (2) | A person referred to in subregulation (1) is entitled to the following remuneration for each 24 hours or part thereof for which that person is absent from his or her residence or place of sojourn: |
| (a) | The reasonable actual expenses if it is necessary to hire accommodation for the night; and |
| (b) |
| (i) | R200; or |
| (ii) | the reasonable actual expenses incurred for meals on submission of proof of the expenses to the satisfaction of the court manager. |
| (3) | The remuneration provided for in subregulation (2) is payable for the full period for which the person to in subregulation (1) is absent from his or her residence or place of sojourn. |
| (4) | In calculating the period of absence for purposes of subregulation (2), a person referred to in subregulation (1) is allowed 24 hours for each distance of 300 kilometres or part thereof travelled. |
| (5) | The remuneration provided for in subregulation (2) is not payable if the fare of a person referred to in subregulation (1) includes the cost of meals and accommodation. |
| (6) | A person referred to in subregulation (1) may claim his or her actual real travel expenses: Provided that he or she may only use air transport at state expense only if the magistrate's court manager— |
| (a) | is satisfied that the use thereof is warranted; and |
| (b) | has approved that the person may make use of air transport. |
| (7) | On satisfactory proof having been produced, a person referred to in subregulation (1) is entitled to be reimbursed for his or her reasonable actual expenses incurred in respect of parking and toll fees. |
| (8) | A magistrate's court manager may, at the written request of a person referred to in subregulation (1), and on receipt of satisfactory proof from that person that he or she has suffered loss of earnings as a result of his or her assistance in a matter as provided for in section 49, 50, 62, 69, 70 or 71 of the Act, by direction of a court, order that the person be paid an amount equal to the actual loss of earnings he or she suffered, but not exceeding R2 500 per day, in addition to any other amount to which he or she is entitled under this regulation. |
| (9) | If a person referred to in subregulation (1) is required to submit a professional report to the court, he or she is entitled to an amount determined by the magistrate's court manager, which may not exceed R500. |
| (10) | The Director-General may authorise a deviation from the amounts provided for in subregulations (8) and (9), on the written request of a person referred to in subregulation (1), supporting his or her request by proof, to the satisfaction of the Director-General. |
| (11) | The remuneration paid to a person not in the employ of the state as provided for in section 75(1)(j) of the Act must be paid by a party if the person acted at the request of that party, which amount will be an amount agreed upon by the party and the person not in the employ of the state. |
