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The Land Court Act, 2023 (Act No. 6 of 2023)

Chapter 3 : Judges, Officers and Assessors of Court

9. Tenure, remuneration and terms and conditions of appointment of judges

 

(1) For purposes of this section ‘‘judge’’ includes the Judge President and Deputy Judge President of the Court.

 

(2) A judge of the Court holds office until discharged from active service in terms of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001).

 

(3) A judge of the Court may resign as a judge of the Court by giving written notice to the President.

 

(4) Neither the tenure of office nor the remuneration and terms and conditions of appointment applicable to a judge of the High Court in terms of the Judges’ Remuneration and Conditions of Employment Act, 2001, is affected by that judge’s appointment and concurrent tenure of office as a judge of the Court.

 

(5) Despite the expiry of the period of a judge’s appointment as a judge of the Court that judge may continue to perform the functions of a judge of that Court, and must be regarded as such in all respects, only—
(a) for the purposes of disposing of any proceedings in which that judge has taken part as a judge of that Court and which are still pending upon the expiry of that judge’s appointment or which, having been so disposed of before or after the expiry of that judge’s appointment, have been reopened; and
(b) for as long as that judge is necessarily engaged in connection with the disposal of the proceedings so pending or reopened.

 

(6) The provisions of subsections (4) and (5), read with the changes required by the context, apply to acting judges appointed in terms of section 8(5).