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Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part I : Courts

Chapter II : Judicial Officers

9ter. Establishment of Senior Civil and Family Magistrates Appointments Advisory Board

 

(1) The Minister shall establish a board, to be known as the Senior Civil and Family Magistrates Appointments Advisory Board, to determine from time to time the suitability of persons for appointment as senior civil and family magistrates and to advise the Minister as to the suitability of such persons for appointment as senior civil and family magistrates.

 

(2) The board referred to in subsection (1) shall consist of—
(a) the Director-General: Justice, who shall be the chairman thereof;
(b) the Chief Director: Justice College;
(c) the Chief Family Advocate;
(d)
(i) two senior civil magistrates;
(ii) two family magistrates; and
(iii) two judicial officers designated in terms of section 12(6) to exercise administrative control over civil, senior civil and family magistrates, appointed by the Minister after consultation with the Magistrates Commission established by section 2 of the Magistrates Act, 1993; and
(e) one advocate and one attorney nominated by the General Council of the Bar of South Africa and the Association of Law Societies of the Republic of South Africa, respectively.

 

(3) The board referred to in subsection (1) shall designate one of the members as the vice-chairman thereof.

 

(4) The provisions of section 9bis (3) to (6), inclusive, shall mutatis mutandis apply to the meetings of the board referred to in subsection (1).

 

(5)        

(a) For the purposes of the initial functioning of the board referred to in subsection (1), the board shall consist of the members referred to in subsection (2)(a) to (c), inclusive, and (e), as well as six judicial officers appointed by the Minister for a period not exceeding two years.
(b) The Minister may at any time before the expiry of the period for which a judicial officer has been appointed in terms of paragraph (a), appoint a senior civil or family magistrate or another judicial officer in the place of the first-mentioned judicial officer.

 

[Section 9ter inserted by section 8 of the Magistrates' Courts Amendment Act No. 120 of 1993, a provision which will be put into operation by proclamation]

 

 


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