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

1. Definitions

Purchase

(1)	In these regulations any expression to which a meaning has been assigned in the Act shall bear that meaning and, unless the context otherwise indicates—

“actual service”

includes—

(a)	an administrative recess;

(b)	every period of leave granted in terms of regulation 6, but excluding any period of leave referred to in regulation 3;

(c)	service in an acting capacity for any continuous period immediately prior to assuming office as a judge in a permanent capacity;

(d)	uninterrupted service after discharge from active service; and

(e)	service by a Constitutional Court judge;

“administrative recess”

means every period during which a court is in recess;

“division”

means a division as contemplated in the Supreme Court Act, 1959 (Act No. 59 of 1959);

“effects”

means household or personal effects;

“headquarters”

means, with regard to—

(a) a judge of the Constitutional Court, the seat of the Constitutional court;

(b)	a judge of the Supreme Court of Appeal, the seat of the Supreme Court of Appeal; and

(c)

a judge of a High Court, the seat of the division in which he or she is appointed permanently or in an acting capacity or, in the case of the Transvaal Provincial Division, the Natal Provincial Division and the Eastern Division and of a judge discharged from active service, such place as may be assigned by the Minister to a particular judge as his or her headquarters;

“judge president”

includes an acting judge president;

"leave”

means leave on full pay unless expressly otherwise indicated;

“Minister”

includes, for the purposes of regulation 17, an officer acting on the authority of the Minister for Justice;

“official duties”

means active service and service for the purposes of section 7 of the Act and service as a Constitutional Court judge;

“President”

means the President of the Republic of South Africa;

[Definition inserted by section 1 of Judges Remuneration and Conditions of Employment Act 2001: Amendment of Regulations, R.3690, GG49010, dated 21 July 2023]

"Regulations"

means the regulations published under Government Notice No. R. 894 of 5 July 2002, as amended by Government Notices No. R. 1594 of 10 December 2003, R. 250 of 22 March 2005, R. 415 of 29 April 2005 and No. R. 43 of 22 January 2009.

“High Court”

means the High Courts of South Africa;

“term”

means a term determined for the sessions of court;

“the Act”

means the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001).

(2)	For the purposes of these regulations, unless the context otherwise indicates, a judge shall be deemed to be resident at his or her headquarters.