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Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001)

Regulations

Regulations relating to the Judges' Remuneration and Conditions of Employment Act, 2001

Transport, and Allowances in respect of Transport, Tavelling and Subsistence

18 - 19. Transport

 

(18)
(1) When a judge of one division is permanently appointed in any other division or is appointed as a judge of the Constitutional Court or Supreme Court of Appeal or when a person is appointed a judge and his or her headquarters are not situated at the place where he or she resides on appointment, the cost of the transport of that judge or person and his or her family, domestic workers and effects to his or her new headquarters is defrayed from public funds.

 

(2) When a Constitutional Court judge or judge performs service in terms of section 7 of the Act away from his or her home for a period longer than six months, that Constitutional Court judge or judge and his or her family, domestic workers and effects may be transported to the designated place of service and, after completion of such service, back to his or her home at State expense.

 

(3) If a Constitutional Court judge, judge or person uses private transport in terms of subregulations (1) or (2) he or she is to be compensated at a tariff of R2,48 per kilometre.

[Regulation 18(3) substituted by section 7 of Judges Remuneration and Conditions of Employment Act 2001: Amendment of Regulations, R.3691, GG49010, dated 21 July 2023]

 

(4)
(a) When effects have to be transported the registrar of the Constitutional Court, Supreme Court of Appeal or of the division from which the effects are to be transported shall obtain written tenders from at least three cartage contractors for the packing, loading, unloading and unpacking of the effects for transport by train and, should the Constitutional Court judge, judge or person concerned so prefer, for the transport thereof by road.
(b) The lowest tender for the packing, loading, unloading and unpacking of the effects is to be accepted by the registrar, but the Minister may approve the acceptance of a higher tender if, in his or her opinion, there are good reasons for rejecting the lowest tender.

 

(5) The State is not responsible for any insurance premiums in respect of the transportation of effects: Provided that premiums in respect of insurance cover in the case of the transport of effects by road may be paid from public funds if the lowest tender for road transport includes such premiums as an integral part thereof.

 

(6) Not more than two motor vehicles of a Constitutional Court judge, judge or person referred to in subregulations (1) or (2) may be transported by train at State expense, provided that they are transported at the owner's risk The Constitutional Court judge, judge or person may be reimbursed from public funds for actual incidental expenses incurred in loading and unloading the vehicle or vehicles referred to in paragraph (a).

 

(7) The transportation of the effects of a Constitutional Court judge, judge or person referred to in subregulation (1) shall take place within 12 months after the transfer or appointment of the Constitutional Court judge, judge or person concerned, unless the Minister grants permission for the postponement of the transport thereof.

 

(8) The Minister may in exceptional cases approve the transportation of the effects of a Constitutional Court judge, judge or person referred to in subregulation (1) at State expense and their storage in a warehouse at his or her previous headquarters or home or at his or her new headquarters for a period not exceeding 12 months and, thereafter, their transportation to his or her new home: Provided that the registrar concerned shall call for at least three tenders for the performance of the services and the lowest tender shall be accepted by him or her: Provided further that the Minister may approve the acceptance of a higher tender if, in his or her opinion, there are good reasons for rejecting the lowest tender.

 

(9) A judge of the Supreme Court of Appeal or of the Constitutional Court performing active service and who is not permanently resident in Bloemfontein or Gauteng, as the case may be, may, subject to the provisions of subregulations (3) and (5), transport part of his or her effects and library, separately or together, once to Bloemfontein or Johannesburg at State expense to meet his or her office and accommodation needs.

 

19.        

(1)        On —

(i) discharge from active service;
(ii) resignation from office in terms of section 11 (1) of the Act;
(iii) vacation of his or her office in terms of section 11(2) of the Act; or
(iv) the death of a Constitutional Court judge or judge,

his or her effects may be transported, once only, at State expense to any place in the Republic of South Africa where he or she or the surviving spouse, as the case may be, is to settle, in which case the provisions of regulation 18 shall mutatis mutandis apply.

 

(2) The transportation referred to in subregulation (1) shall be effected not earlier than two months prior to and not later than 12 months after the date of such discharge, resignation or vacation and, in the case of death, not later than 12 months after the date of death, unless the Minister is satisfied that owing to exceptional circumstances the transportation of effects in terms of subregulation (1) must be effected earlier than two months prior to the date of such discharge, resignation or vacation or later than 12 months after the date of discharge, resignation, vacation or death, in which case he or she may grant permission for the effects to be transported earlier or grant an extension of time for such transportation.