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Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963)

Justices of the Peace

2. Appointment of justices of the peace

 

(1) The Minister of Justice (hereinafter referred to as the Minister) or any officer of the Department of Justice with the rank of director, or an equivalent or higher rank, delegated thereto in writing by the Minister may, subject to the provisions of subsection (2), appoint for any magisterial district so many justices of the peace as the Minister or the delegated officer may deem fit.

 

(2) A member of a body referred to in section 2 of the Electoral Act, 1993 (Act 202 of 1993), shall not hold the office of justice of the peace.

 

(3) Any person who has been nominated as a candidate for the National Assembly, the Senate or a provincial legislature contemplated in the Electoral Act, 1993 shall not, while he is thus nominated, exercise or carry out any of the powers or duties attaching to the office of justice of the peace and referred to in section 3.

 

(4) Any justice of the peace appointed in terms of subsection (1) shall hold office during the Minister's pleasure or until he is precluded by subsection (2) from holding office as a justice of the peace.