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Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996)

7. Composition of Special Tribunal

 

(1) A Special Tribunal established under section 2(1) consists of a judge of the Supreme Court, as Tribunal President, and such additional members as may be appointed under subsection (3).

 

(2) The Tribunal President must be appointed by the President after consultation with the Chief Justice of South Africa.

 

(3) Additional members of the Tribunal may be appointed by the President from the ranks of—
(a) judges or acting judges; and
(b) magistrates and advocates or attorneys of the Supreme Court of South Africa who have been involved in the administration of justice for a period of at least seven years.

 

(4)

(a) The President may only appoint a serving judge or magistrate as a member of the Tribunal after consultation with the Chief Justice or the Magistrates Commission, as the case may be.
(b) Judges of different divisions of the Supreme Court may be appointed to the Special Tribunal concerned.

 

(5) A member of a Special Tribunal shall hold office for the duration of the existence of such Special Tribunal or for such period as the President at his or her appointment may determine: Provided that—
(a) a member may at any time relinquish such office; and
(b) a member must stand down from such office if the President, in consultation with the Judicial Service Commission, so requests.

 

(6) The provisions of section 3(5) shall apply with the necessary changes in respect of any person appointed under subsections (2) and (3).

 

(7)

(a) A Special Tribunal must be assisted in the performance of the administrative work incidental to its functions by one or more officials in the Department of Justice, designated by the Minister of Justice after consultation with the Tribunal President.
(b) The Tribunal President must appoint an official designated in terms of paragraph (a) as the secretary of the Special Tribunal.

 

 


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