Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Magistrates' Courts Act, 1944 (Act No. 32 of 1944)Part I : CourtsChapter II : Judicial Officers9quat. Appointment of certain practitioners as civil, senior civil or family magistrates in acting capacity |
| (1) | Subject to the provisions of section 10(b), the Minister may, if he deems it desirable that an advocate or an attorney be appointed, whether in general or in a specific case, to act as civil, senior civil or family magistrate of a district or civil or family division, as the case may be— |
| (a) | in the place of any civil, senior civil or family magistrate; or |
| (b) | in addition to the civil, senior civil and family magistrates of such district or civil or family division, as the case may be; or |
| (c) | in any vacancy in such district or civil or family division, as the case may be, |
so appoint such advocate or attorney for such period as the Minister may determine, from persons whose names have been submitted for that purpose by the board referred to in section 9ter(1), after consultation with the General Council of the Bar of South Africa and the Association of Law Societies of the Republic of South Africa.
| (2) | Any appointment as judicial officer made under subsection (1) shall be deemed to have been made also in respect of any period during which the person appointed is necessarily engaged in connection with the disposal of proceedings in which he has taken part as such judicial officer and which have not been disposed of at the expiry of the period for which he was appointed or, having been disposed of before or after such expiry, are reopened. |
| (3) | The provisions of section 9(2) shall mutatis mutandis apply in relation to a person appointed under subsection (1). |
| (4) | The Minister may, with the concurrence of the Minister of State Expenditure, determine the remuneration and allowances and the method of calculation of such remuneration and allowances payable to a person appointed under subsection (1) for services rendered. |
| (5) |
| a) | Any person appointed under subsection (1) may resign by notice in writing to the Minister. |
| b) | The Minister may, on the recommendation of the board referred to in section 9ter (1) revoke the appointment of any person appointed under subsection (1). |
[Section 9quat inserted by section 8 of the Magistrates' Courts Amendment Act No. 120 of 1993, a provision which will be put into operation by proclamation]
