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

Regulations

Regulations relating to the Judges' Remuneration and Conditions of Employment Act, 2001

Leave

3. Vacation leave

 

(1) A Constitutional Court judge or a judge is entitled to vacation leave for a period of three and a half months for every period of four years’ actual service completed by the Constitutional Court judge or judge, or for a shorter period and subject to such conditions as may, in any particular case, be deemed fit by the person granting the vacation leave in terms of this regulation.

 

(2) The Deputy Chief Justice approves leave of the Chief Justice.

 

(3) The Chief Justice may grant vacation leave to the Deputy Chief Justice, a Constitutional Court judge, the President of the Supreme Court of Appeal, or a Judge President of a division of the High Court.

 

(4)
(a) The President of the Supreme Court of Appeal may grant vacation leave to the Deputy President of the Supreme Court of Appeal or a judge of the Supreme Court of Appeal.
(b) The Deputy President of the Supreme Court of Appeal may grant leave to the President of the Supreme Court of Appeal.
(c) The President of the Supreme Court of Appeal must inform the Chief Justice of any vacation leave granted in terms of paragraph (a).

 

(5)
(a) A Judge President of a division of the High Court may grant vacation leave to a Deputy Judge President of a division of the High Court or a judge in the division of the High Court under the control of such Judge President.
(b) The Deputy Judge President of a division of the High Court may grant leave to the Judge President of the High Court or a judge in the division of the High Court under the control of such Judge President.
(c) The Judge President must inform the Chief Justice of any leave granted in terms of paragraph (a).

 

(6) Vacation leave referred to in subregulation (5) shall, in the case of a judge of a provincial or local division, be taken in such a way that it does not extend over more than one term of that division, except with the consent of the Judge President concerned.

 

(7) Where vacation leave is taken for a full term, the remainder of the available vacation leave of that leave cycle should, unless otherwise approved, be taken during the following term of the court, as may, in any particular case, be deemed fit by the person granting the vacation leave in terms of this regulation.

 

[Regulation 3 substituted by section 2 of Judges Remuneration and Conditions of Employment Act 2001: Amendment of Regulations, R.3690, GG49010, dated 21 July 2023]