Supreme Court Act, 1959
R 385
South African Judicial Education Institute Act, 2008 (Act No. 14 of 2008)7. Composition of Council |
| (1) | The Council comprises the Chief Justice as chairperson, the Deputy Chief Justice as deputy chairperson and the following other members: |
| (a) | The Minister or her or his nominee; |
| (b) | a judge of the Constitutional Court, designated by the Chief Justice after consultation with the judges of the Constitutional Court; |
| (c) | a judge or any other person designated by the Judicial Service Commission from among its ranks; |
| (d) | the President of the Supreme Court of Appeal; |
| (e) | two judges president and two other judges, at least one of whom must be a woman, designated by the Chief Justice after consultation with the judges president; |
| (f) | five magistrates, designated by the Magistrates Commission, and of whom— |
| (i) | at least two must be women; and |
| (ii) | two must be Regional Court Magistrates; |
| (g) | a judge who has been discharged from active service as contemplated in the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), designated by the Chief Justice in consultation with the Minister; |
| (h) | the Director; |
| (i) | one advocate designated by the General Council of the Bar of South Africa; |
| (j) | one attorney designated by the Law Society of South Africa; |
| (k) | two university teachers of law designated by the South African Law Deans Association; |
| (l) | two other members who are not involved in the administration of justice, designated by the Minister after consultation with the Chief Justice; and |
| (m) | one traditional leader designated by the National House of Traditional Leaders referred to in the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003). |
| (2) | A member designated in terms of subsection (1)(b), (c), (e), (f), (g), (i), (j), (k), (l) or (m) holds office as such a member for a period of five years, but such a member may be replaced— |
| (i) | in the case of a member designated in terms of subsection (1)(c), (f), (i), (j), (k), (l) or (m) by the designating person or body on written notice to the Chief Justice; or |
| (ii) | in the case of a member designated in terms of subsection (1)(b), (e) or (g), by the Chief Justice after consultation with the persons required to be consulted in respect of the designation in question. |
| (3) | Any member referred to in subsection (2) whose term of office has expired, may be designated again. |
| (4) | A vacancy in the membership of the Council does not affect the validity of the proceedings or the decisions of the Council. |
| (5) | Due consideration must be given in the composition of the Council to demographic and gender representivity. |
