Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001)

Chapter 1 : Definitions

1. Definitions and application of Act

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(1)	In this Act, unless the context indicates otherwise—

"active service"

means any service performed as a Constitutional Court judge or judge in a permanent capacity, irrespective of whether or not such service was performed prior to or after the date of commencement of this Act, and includes any continuous period—

(a)	of longer than 29 days of such service in an acting capacity prior to assuming office as a Constitutional Court judge or judge in a permanent capacity if such service was performed before the date of commencement of this Act; and

(b)	of such service in an acting capacity prior to assuming office as a Constitutional Court judge or judge in a permanent capacity if such service was performed after the date of commencement of this Act;

"annual salary"

means the annual salary and the allowance payable to a Constitutional Court judge or judge in terms of section 2;

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

"Constitutional Court judge"

means any person holding the office of—

(a)	Chief Justice of South Africa;

(b)	Deputy Chief Justice; or

(c)	judge of the Constitutional Court,

and includes any person who, since 7 June 1994, held, the office of—

(i)	President of the Constitutional Court;

(ii)	Deputy President of the Constitutional Court; or

(iii)

judge of the Constitutional Court;

"fixed date"

is 1 April 1989;

"judge"

means any person holding the office of—

(a)	President or Deputy President of the Supreme Court of Appeal;

(b)	judge of the Supreme Court of Appeal;

(c)	Judge President or Deputy Judge President of any High Court; or

(d)	judge of any High Court,

and includes any person who, at or since the fixed date, held the office of—

(i)	Chief Justice of South Africa or Deputy Chief Justice;

(ii)	judge of the Appellate Division of the Supreme Court of South Africa or of the Supreme Court of Appeal;

(iii)

Judge President or Deputy Judge President of any provincial or local division of the Supreme Court of South Africa or of any High Court;

(iv)	judge of any provincial or local division of the Supreme Court of South Africa or of any High Court; or

(v)	judge of any court of a homeland referred to in Item 16 of Schedule 6 to the Constitution, read with Item 1 thereof;

"Minister"

means the Cabinet member responsible for the administration of justice;

"salary"

means the salary payable to a Constitutional Court judge or judge in terms of section 5;

"service"

means—

(a)

service as a judge of the Supreme Court of Appeal or a High Court as contemplated in the Supreme Court Act, 1959 (Act No. 59 of 1959), in the same or a higher office held by the judge concerned on discharge from active service, or, with the approval of the judge concerned, service in a lower office;

(b)	service as a chairperson or a member of a commission as contemplated in the Commissions Act, 1947 (Act No. 8 of 1947);

(c)	service as a chairperson or a member of a body or institution established by or under any law; or

(d)	any other service which the Minister may request him or her to perform.

(2)	This Act applies to all Constitutional Court judges and judges—

(a)	to whom the Judges’ Remuneration and Conditions of Employment Act, 1989

(b)	to whom corresponding legislation in any homeland, as defined in Item 1 of Schedule 6 to the Constitution, which, immediately before the date of commencement of this Act, had not been repealed, applied.