| (1) |
The following expenses may be paid to a magistrate when he is transferred: |
| (a) |
Travelling and subsistence expenses with regard to— |
| (i) |
the magistrate’s and a member of his household’s reasonable actual travelling and subsistence expenses resulting from a single prior visit for a period not exceeding seven days to the new headquarters; and |
| (ii) |
the magistrate’s and his household reasonable actual travelling and subsistence expenses resulting from the transfer to the new headquarters, |
in the amounts referred to in regulations 48(d) and 49(1)(a) and (b).
| (b) |
Expenses incidental to the transport of the personal possessions of the magistrate and his household, including the packing thereof and the eventual unpacking at permanent housing, as well as comprehensive insurance cover thereof: Provided that the said expenses are incurred before the expiry of six months after the transfer. |
| (c) |
Expenses incidental to the storage of the personal possessions of the magistrate and his household for a period not exceeding two months, as well as comprehensive insurance cover thereof during that period. |
| (i) |
with regard to interim accommodation in a rented furnished dwelling at the existing headquarters for a period not exceeding seven days under circumstances that prevent further stay in the normal dwelling and at the new headquarters for a period not exceeding seven days under circumstances that prevent immediate moving into permanent accommodation; |
| (ii) |
with regard to interim accommodation in a rented furnished dwelling for a period not exceeding two calender months while permanent accommodation is being sought or while circumstances exist that prevent the moving into permanent accommodation within seven days, in which case the prior written permission of the Director-General is required; or |
| (iii) |
in respect of a travelling allowance in accordance with a tariff prescribed in regulation 48 (d) for the purposes of daily forward and return journeys between the existing and the new headquarters for a period not exceeding two calender months while permanent accommodation is still being sought, in which case the prior approval of the head of the office and the prior written permission of the Director-General is required. |
| (e) |
Expenses with regard to customs duty, import or value added tax and other levies or moneys with regard to the transport of motor vehicles (including a motor financing scheme vehicle) over international borders. |
| (f) |
Any costs, including the transfer costs of the property, bond costs, costs for the drafting of a deed of sale, value-added tax and inspection fees resulting from the transfer on the purchase of a house or the purchase of a building site and the erection of a house thereon: Provided that first-time home buyers shall not be compensated for these costs. |
| (g) |
A non-recurrent amount for each school-going child to expenditure on school books, uniforms, school sports outfits and other necessities, which shall be in accordance with the allowance as prescribed from time to time in the Public Service. |
| (h) |
A non-recurrent amount to defray miscellaneous expenses, for which specific provision has not been made elsewhere in these regulations, on the following basis: |
| (i) |
If furnished housing is occupied permanently: An amount equal to 25 % of the magistrate’s basic monthly pensionable salary as at the date of resettlement; |
| (ii) |
if furnished housing is occupied permanently: |
| (aa) |
An amount equal to 50 % of an unmarried magistrate’s basic monthly pensionable salary as at the date of resettlement: Provided that should the magistrate's reasonable actual expenditure exceed the said amount, the expenditure so incurred be paid to him or her to a maximum amount equal to his or her basic monthly pensionable salary on the date of resettlement. |
| (bb) |
an amount equal to a full month’s basic pensionable salary of a magistrate with dependants as at the date of resettlement; |
| (iii) |
if the amount referred to in paragraph (i) or (ii) is less than an amount calculated according to the applicable percentage basis in the said paragraphs based upon the salary notch of a Senior Provisioning Administration Officer in the Public Service as amended from time to time, the applicable amount calculated in the last-mentioned way shall be paid; and |
| (iv) |
the amount referred to in subparagraph (i) or (ii) shall not be more than an amount based on the third salary notch of a Director in the Public Service as amended from time to time. |
| (i) |
The payment of a home-owners allowance with regard to a house at the previous headquarters shall continue on such basis and for such period as the Minister, or a person designated by him, may approve. |
| (2) |
To a magistrate and his household, who, at vacation of office under section 13(1) and (5) of the Act, or at the death of the magistrate, within six months of vacation of office or death, move from an existing home to a place where he and his household are desirous to live in the Republic or an independent state that was previously part of the Republic, the expenses for travelling, as well as the transport, insurance and storage costs of his personal possessions may be compensated non-recurrent on the same basis as set out in paragraph (a)(ii), (b), (c), (d) and (e) of subregulation (1). |
| (3) |
If a magistrate who is on official duty away from his headquarters or stationed in a foreign country, dies, including a member of his family accompanying him for official purposes, these additional expenses (excluding burial expenses) that result from the death at another place than his headquarters or in the Republic, shall be paid. |
| (4) |
The conditions, guide-lines, procedure and requirements in respect of the payment of the expenses referred to in this regulation shall be determined by the Director-General. |
| (5) |
The Director-General may lengthen the periods and increase the amounts referred to in this regulation respectively. |
Stamp Duties Act, 1968 (Act 77 of 1968)
