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

Chapter 2 : Remuneration and Conditions of Employment of Constitutional Court Judges and Judges

2. Annual salary of Constitutional Court judges and judges

 

(1) Any person who holds office as a Constitutional Court judge or as a judge, whether in an acting or permanent capacity, shall in respect thereof, in addition to the amounts referred to in section 13 and an allowance at the rate of R3 500 per annum, be paid an annual salary at a rate determined by the President by proclamation in the Gazette.

 

(2) A proclamation in terms of subsection (1) may be issued with effect from a date which may not be earlier than one year prior to the date of the proclamation.

 

(3)
(a) A copy of a proclamation issued under subsection (1) shall be submitted to Parliament within 14 days after publication thereof.

 

(b) If Parliament rejects such proclamation or any provision thereof, such proclamation or provision shall thereafter cease to be of force and effect to the extent to which it was so rejected but without prejudice to the validity of anything done in terms of such proclamation up to the date upon which it so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such proclamation.

 

(4) The allowance payable in terms of subsection (1) shall not be taxable, unless Parliament expressly provides otherwise.

 

(5) The amount of the annual salary and allowance payable in terms of subsection (1), shall be paid as a direct charge against the National Revenue Fund.

 

(6) No Constitutional Court judge may, without the consent of the Minister, accept, hold or perform any other office of profit or receive in respect of any service any fees, emoluments or other remuneration apart from his or her salary and any amount which may be payable to him or her in his or her capacity as a Constitutional Court judge.