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Magistrates Act, 1993 (Act No. 90 of 1993)

Regulations for Judicial Officers in Lower Courts, 1994

Chapter II : Regulations Regarding Magistrates

Part II : Appointment

4. Application by candidates

 

(1) A candidate must make an application for an appointment as a magistrate on a form obtained from and to be submitted to the Commission.

[Regulation 4(1) substituted by section 2 of Notice No. R. 1440, GG45395, dated 29 October 2021]

 

(2) The application referred to in subregulation (1) shall be accompanied by the following documents:
(a) A certified copy of the candidate’s identity document;
(b) a completed health questionnaire which corresponds substantially with Form 2 of Schedule A;
(c) certified copies of all educational qualifications;
(d) certificates of service or, if not available, an affidavit by the candidate in respect of previous periods of service;
(e) testimonials from previous employers, if available;
(f) an affidavit setting out the candidate’s assets and liabilities; and
(g) names and addresses of two references.

 

(3) A confidential report which corresponds substantially with Form 3 of Schedule A shall be completed by the Director-General or the head of office or a person delegated by him.

 

(4) If the documents referred to in subregulations (1) and (2) are handed in at a magistrate’s office, such documents shall, together with the confidential report referred to in subregulation (3), be sent to the Director-General by the head of office or a person delegated by him.

 

(5) The Director-General shall submit the application referred to in subregulation (1) and the confidential report referred to in subregulation (3) to the Commission for a recommendation regarding the suitability of the applicant for purposes of the course and the office of judicial officer referred to in regulation 3(1)(f).

 

(6) The Director-General shall implement the Commission’s recommendation referred to in subregulation (5).

 

(7) After completion of the period referred to in regulation 3(1)(f)(ii) the Commission shall forward the documents referred to in this regulation, together with a recommendation on the appointment of a candidate to the office of magistrate, to the Director-General for forwarding to the Minister.

 

(8) If the Commission, after receiving the documents referred to in subregulation (5), is of the opinion that the candidate should be exempted from one or both of the appointment requirements referred to in regulation 3(1)(f), the Commission shall forward the documents referred to in this regulation, together with a recommendation on the appointment of a candidate to the office of magistrate, to the Director-General for forwarding to the Minister.