JudOffBill
REPUBLIC OF SOUTH AFRICA
JUDICIAL OFFICERS' AMENDMENT BILL
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(As introduced in the National Assembly as a section 75 Bill; explanatory summary of Bill published in Government Gazette No. 22681 of 18 September 2001 (The English text is the official text of the Bill)
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(MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT)
[B72 - 2001]
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lb120102
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
___________ Words underlined with a solid line indicate insertions in existing enactments.
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B I L L
To amend the Magistrates' Courts Act, 1944, so as to further regulate the appointment of magistrates; to amend the Supreme Court Act, 1959, so as to further regulate the remuneration of judges; to amend the Judges' Remuneration and Conditions of Employment Act, 1989, so as to substitute certain definitions; to bring the provisions relating to the offices of Chief Justice of South Africa and President of the Constitutional Court in line with the Constitution; to make provision for the offices of Deputy Chief Justice and Deputy President of the Supreme Court of Appeal; to further regulate the remuneration of judges and Constitutional Court judges; to further regulate the discharge of judges from active service; to make further provision in connection with the performance of service by a judge discharged from active service; to provide for the performance of service as Deputy Chief Justice or President or Deputy President of the Supreme Court of Appeal by a President or a Deputy President of the Supreme Court of Appeal or Deputy Chief Justice discharged from active service; to further regulate the vacation of office by Constitutional Court judges; to substitute obsolete expressions; to create a mechanism to deal with complaints against judges of the Constitutional Court, the Supreme Court of Appeal, the High Courts and courts of status similar to a High Court; to make the Judges' Remuneration and Conditions of Employment Act, 1989, applicable throughout the Republic and to repeal corresponding laws applicable in the former homelands; to amend the Magistrates Act, 1990, so as to further regulate the salaries of magistrates; to amend the Independent Commission for the Remuneration of Public Office-bearers Act, 1997, so as to extend the definition of "office-bearer" to include judges and magistrates and to extend the functions of the Independent Commission for the Remuneration of Public Office-bearers; to amend the Public Finance Management Act, 1999, in order to add the salaries and allowances paid to magistrates to Schedule 5 thereof; and to provide for matters incidental thereto.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—
Amendment of section 9 of Act 32 of 1944, as substituted by section 2 of Act 8 of 1967, and as amended by section 4 of Act 53 of 1970, section 8 of Act 102 of 1972, section 11 of Act 29 of 1974, section 24 of Act 94 of 1974, section 1 of Act 28 of 1981, section 2 of Act 34 of 1986, section 17 of Act 90 of 1993, section 3 of Act 104 of 1996, section 3 of Act 66 of 1998 and section 1 of Act of 62 of 2000
1. Section 9 of the Magistrates' Courts Act, 1944, is amended by —
(a) the substitution for paragraph (b) of subsection (1) of the following paragraph:
"(b) No person shall be appointed as a magistrate of a regional division unless he or she [has satisfied all the requirements for the degree of baccalaureus legum of a university in the Republic or has passed the Public Service Senior Law Examination or an examination deemed by the Minister to be equivalent or superior to the said examination] is appropriately qualified and is a fit and proper person, and the Magistrates Commission has informed the Minister that he or she is suitable for appointment as a magistrate of a regional division.";
(b) the substitution for subsections (3) and (4) of the following subsections:
"(3) Whenever by reason of absence or incapacity a magistrate, additional magistrate or assistant magistrate is unable to carry out the functions of his or her office or whenever such office becomes vacant, the Minister, or an officer in the Department of Justice and Constitutional Development [or a magistrate at the head of a regional division or a person occupying the office of chief magistrate, including an acting chief magistrate authorized thereto in writing by the Minister], after consultation with the head of the court concerned may appoint any other [competent] appropriately qualified and fit and proper person to act in the place of the absent or incapacitated magistrate, additional magistrate or assistant magistrate, as the case may be, during such absence or incapacity or to act in the vacant office until the vacancy is filled: [Provided that no person shall be appointed as an acting magistrate of a regional division unless he or she has satisfied all the requirements for the degree referred to in subsection (1)(b) or has passed an examination referred to in that subsection:] Provided [further] that when any such vacancy has remained unfilled for a continuous period exceeding three months the fact shall be reported to the Magistrates Commission.
(4) The Minister or an officer in the Department of Justice and Constitutional Development, or a magistrate at the head of a regional division or a person occupying the office of chief magistrate [, including an] or acting chief magistrate [authorized thereto in writing by] acting in consultation with the Minister, may appoint temporarily any [competent] appropriately qualified and fit and proper person to act [either generally or in a particular matter] for the period determined at the time of such appointment, as magistrate of a regional division in addition to any magistrate or acting magistrate of that division or as additional or assistant magistrate for any district or sub-district in addition to the magistrate or any other additional or assistant magistrate."; and
(c) the deletion of subsection (5).
CLAUSE 2
Clause rejected.
[Substitution of section 10 of Act 32 of 1944, as substituted by section 4 of Act 66 of 1998
2. The following section is substituted for section 10 of the Magistrates' Courts Act, 1944:
"Qualifications for appointment of judicial officers
10. Subject to the provisions of the Magistrates Act, 1993 (Act No. 90 of 1993), and of section 11, any person who is appropriately qualified and who is a fit and proper person may be appointed as a magistrate by the Minister, on the advice of the Magistrates Commission.".]
NEW CLAUSE
Amendment of section 12 of Act 32 of 1944, as amended by section 9 of Act 40 of 1952, section 25 of Act 94 of 1974 and section 5 of Act 66 of 1998
2. Section 12 of the Magistrates' Courts Act, 1944, is amended by the substitution for paragraph (b) of subsection (2) of the following paragraph:
"(b) subject to the administrative control of the magistrate of the district, shall possess [such] the powers and perform [such] the duties conferred or imposed upon magistrates [as he is not expressly prohibited from exercising or performing either by the Minister or by the magistrate of the district] by any law.".
Repeal of section 11 of Act 59 of 1959
3. Section 11 of the Supreme Court Act, 1959, is repealed.
Clause 4 rejected
New Clause
Amendment of section 1 of Act 47 of 2001
4. Section 1 of the Judges' Remuneration and Conditions of Employment Act, 2001, is amended by the insertion in subsection (1) after the definition of "Minister" of the following definition:
"'partner' means a partner, whether in a heterosexual or a same sex partnership in which the parties have undertaken reciprocal duties of support and which partnership is, for purposes of this Act, registered as such with the Director-General: Justice and Constitutional Development in terms of the regulations made under section 12;";
Clause rejected:
Clause 5 dealt with in Act 47 of 2001
Clause 6 rejected
New Clause:
Substitution of section 2 of Act 47 of 2001
6. The following section is substituted for section 2 of the Judges' Remuneration and Conditions of Employment Act, 2001:
"Annual salary of Constitutional Court judges and judges
2. (1) Any person who holds office as a Constitutional Court judge or as a judge, whether in an acting or permanent capacity, shall in respect thereof, in addition to the amounts referred to in section 13 [and an allowance at the rate of R3 500 per annum], be paid—
(a) an annual salary [at a rate] and such allowances or benefits as may be determined by the President, from time to time, by proclamation in the Gazette, after taking into consideration the recommendations of the Independent Commission for the Remuneration of Public Office-bearers, established under section 2 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997 (Act No. 92 of 1997); and
(b) an allowance at the rate of R3 500 per annum, which allowance shall not be taxable, unless Parliament expressly provides otherwise.
(2) A proclamation in terms of subsection (1)(a) may be issued with effect from a date which may not be earlier than one year prior to the date of the proclamation.
[(3) (a) A copy of a proclamation issued under subsection (1) shall be submitted to Parliament within 14 days after publication thereof.
(b) If Parliament rejects such proclamation or any provision thereof, such proclamation or provision shall thereafter cease to be of force and effect to the extent to which it was so rejected but without prejudice to the validity of anything done in terms of such proclamation up to the date upon which it so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such proclamation.
(4) The allowance payable in terms of subsection (1) shall not be taxable, unless Parliament expressly provides otherwise.]
(5) [The amount of the annual salary and allowance payable in terms of] Any amount contemplated in subsection (1), shall be paid as a direct charge against the National Revenue Fund.
(6) No Constitutional Court judge or judge may, without the consent of the Minister, accept, hold or perform any other office of profit or receive in respect of any service any fees, emoluments or other remuneration apart from his or her salary and any amount which may be payable to him or her in his or her capacity as such a Constitutional Court judge or judge.".
Clauses rejected:
Clauses 7, 8, 9 and 10 dealt with in Act 47 of 2001.
Clauses 11, 12 and 13 rejected
New Clauses:
Substitution of sections 9 and 10 of Act 47 of 2001
11. The following sections are substituted for sections 9 and 10 of the Judges' Remuneration and Conditions of Employment Act, 2001:
"Amount payable to surviving spouse or partner of Constitutional Court judge and judge
9. (1) The surviving spouse or partner of a Constitutional Court judge or judge who on or after the fixed date was or is discharged from active service in terms of section 3 or 4 or who died or dies while performing active service, shall be paid with effect from the first day of the month immediately succeeding the month in which he or she dies an amount-
(a) in the case of a surviving spouse or partner of a Constitutional Court judge or judge who was so discharged from active service, equal to two thirds of the salary which was in terms of section 5 payable to that Constitutional Court judge or judge; or
(b) in the case of a surviving spouse or partner of a Constitutional Court judge or judge who died while performing active service as a Constitutional Court judge or judge, equal to two thirds of the amount to which that Constitutional Court judge or judge would have been entitled in terms of section 5 if he or she was discharged from active service in terms of section 3(1)(a) or (2)(a) on the date of his or her death.
(2) The amount payable to the surviving spouse or partner of a Constitutional Court judge or judge in terms of subsection (1) shall be payable with effect from the first day of the month immediately succeeding the day on which he or she died, and shall be payable until the death of such spouse or partner.
Gratuity payable to surviving spouse or partner of Constitutional Court judge and judge
10. If a gratuity referred to in section 6 would have been payable to a Constitutional Court judge or judge who died or dies on or after the fixed date had he or she not died but, on the date of his or her death, was discharged from active service in terms of section 3 or 4, there shall-
(a) if such Constitutional Court judge or judge is survived by a surviving spouse or partner, be payable to such surviving spouse or partner, in addition to any amount payable to that spouse or partner in terms of section 9; or
(b) if such Constitutional Court judge or judge is not survived by a spouse or partner, be payable to the estate of such Constitutional Court judge or judge,
a gratuity which shall be equal to the amount of the gratuity which would have been so payable to such Constitutional Court judge or judge had he or she not died but was, on the date of his or her death, discharged from active service as aforesaid.".
Amendment of section 11 of Act 47 of 2001
13. Section 11 of the Judges' Remuneration and Conditions of Employment Act, 2001 is amended by the substitution for subsection (3) of the following subsection:
"(7) The surviving spouse or partner of a Constitutional Court judge or judge referred to in subsection (2) or (4) must, with effect from the first day of the month immediately succeeding the month in which he or she dies, be paid an amount equal to two thirds of the salary which was payable to that Constitutional Court judge or judge in terms of subsection (3)(a) or (5)(a), which amount shall be payable until the death of such spouse or partner.".
Clauses rejected:
Clauses 14, 15 and 16 dealt with in Act 47 of 2001
Insertion of Chapter 5 in Act 47 of 2001
17. The following Chapter is inserted in the Judges' Remuneration and Conditions of Employment Act, 2001, after section 17, the present section 18 becoming section 31:
"CHAPTER 5
COMPLAINTS MECHANISM
Definitions
18. For purposes of this Chapter, unless the context indicates otherwise—
(a) "Chairperson" means the Chairperson of the Council;
(b) "Commission" means the Judicial Service Commission established by section 178 of the Constitution;
(c) "Council" means the Judicial Council established by section 19; and
(d) "judge" means any person holding the office of judge referred to in section 1 and includes any person holding the office of judge in a court of similar status to a High Court, as contemplated in section 166 of the Constitution.
Establishment of Judicial Council
19. A Judicial Council is established by this Act.
Functions of Council
20. The functions of the Council are to—
(a) consider and investigate complaints as contemplated in section 180(b) of the Constitution;
(b) dispose of such complaints in terms of this Chapter;
(c) report as soon as possible to the Commission any matter which, in the opinion of the Council, is of such a nature that it may require action by the Commission in terms of section 177(1)(a) of the Constitution;
(d) advise judges on ethical and related issues; and
(e) report on its activities and make recommendations to the Commission concerning the effective administration of justice and the conduct of judges.
Composition of Council
21. The members of the Council are—
(a) the Chairperson, who must be a judge designated by the Commission;
(b) a judge of the Constitutional Court designated by the Chief Justice;
(c) a judge of the Supreme Court of Appeal designated by the President of the Supreme Court of Appeal; and
(d) two judges from any High Court or a court of similar status, designated by the Chief Justice after consultation with the judges president.
Term of office of members and filling of vacancies
22. (1) A member of the Council holds office for a period of three years, which period commences on the date on which the member accepts his or her designation as such a member.
(2) Any person whose term of office has expired may be re-designated as a member of the Council.
(3) A member of the Council must vacate such office—
(a) upon expiry of the period referred to in subsection (1);
(b) if he or she no longer holds the office of a judge; or
(c) upon tendering his or her resignation in writing to the Chairperson or to the Chairperson of the Commission in the case of the resignation of the Chairperson.
(4) A vacancy on the Council does not affect the validity of the proceedings or the decisions of the Council.
(5) When a member of the Council vacates his or her office before the expiry of his or her term of office, another person must be designated to fill the vacancy for the unexpired portion of the term of office.
Meetings of Council
23. (1) The Council meets at any time and place determined by the Chairperson, or in the absence of the Chairperson, by the majority of the members.
(2) The majority of the members of the Council constitutes a quorum at a meeting.
(3) If the Chairperson is absent from a meeting, the members present must elect a Chairperson for that meeting from among themselves.
(4) The proceedings of the Council take place behind closed doors, unless the Council on account of public interest decides otherwise.
Complaints about judges
24. (1) A complaint about a judge may be lodged by any person in terms of subsection (2) by means of an affidavit or affirmed statement, specifying—
(a) the nature of the complaint; and
(b) the facts on which the complaint is based.
(2) A complaint contemplated in subsection (1) must be lodged in respect of—
(a) a head of a court, with the Council; and
(b) any other judge, with the head of the court concerned.
Procedure by head of court or Chairperson
25. (1) Upon receipt of a complaint lodged in terms of section 24, the head of the court concerned or the Chairperson must consider the complaint and if it—
(a) does not comply substantially with the provisions of section 24(1);
(b) does not relate to the administration of justice in the court concerned;
(c) is related to the merits of a judgment or order;
(d) is frivolous or lacking in substance; or
(e) is hypothetical,
he or she must dismiss the complaint and inform the complainant in writing of the reasons for dismissal.
(2) If the complaint is not dismissed under subsection (1), the head of the court or the Chairperson —
(a) must invite the judge concerned to respond, in writing, to the allegations or in any other manner specified; and
(b) may conduct an investigation.
(3) The head of the court or the Chairperson must—
(a) submit a copy of the results of the investigation, if any, and the response of the judge in question to the complainant; and
(b) invite the complainant to comment on the results of the investigation, if any, and on the response of the judge in question, within a specified period.
(4) The head of the court concerned or the Chairperson must thereupon—
(a) dismiss the complaint;
(b) take appropriate steps for the effective administration of justice; or
(c) refer the complaint to the Council, and inform the complainant and the judge concerned accordingly in writing.
(5) A complainant or a judge who is dissatisfied with any decision in terms of this section may, within one month, request the Council in writing to reconsider that decision, specifying the grounds for the request.
(6) The head of a court concerned or the Chairperson may, on his or her own accord, initiate an investigation into the conduct of a judge, in which event the provisions of subsections (1) to (5) are applicable with the changes required by the context.
Investigative powers of Council
26. (1) The Council may —
(a) after considering or reconsidering the complaint in terms of sections 25(4) or 25(5), as the case may be, dismiss the complaint without holding an inquiry; or
(b) order that an investigation be undertaken.
(2) After considering the recommendations of the investigation, it may order that an inquiry be held in accordance with subsection (3).
(3) The Council may also —
(a) refer any matter to a committee of not less than two members of the Council for advice;
(b) conduct an inquiry into a complaint received under paragraph (a) or (b) in order to determine the merits of a complaint and the manner in which the matter must be disposed of;
(c) subpoena any person to appear before it in person and to produce any book, document, statement or object relating to the matter;
(d) determine the procedure to be followed at an inquiry;
(e) appoint an independent counsel to investigate any matter, adduce evidence at the inquiry and cross-examine witnesses.
(4) (a) A complainant or a judge in respect of whom an inquiry is conducted is entitled to be present at the inquiry, to be assisted or represented by an advocate or attorney, to give evidence through a legal representative or personally to —
(i) be heard;
(ii) call witnesses;
(iii) cross-examine any witness called at the inquiry; and
(iv) have access to books, documents or other objects produced in evidence.
(b) Any other person appearing before the Council may be assisted or represented at such inquiry by an advocate or attorney.
(5) Despite any other law a person may not disclose to any other person the contents of a book, document or other object in the possession of a member of the Council or the record of any evidence given before the Council during an inquiry, unless the Chairperson determines otherwise.
(6) If the Council is of the opinion that the facts disclose the commission of an offence by the judge concerned, the Council must —
(a) whether or not it conducts an inquiry; or
(b) at any time during or after the inquiry, if an inquiry is held,
notify the National Director of Public Prosecutions and the director of public prosecutions of the area concerned.
Deliberative powers of Council
27. (1) The Council may—
(a) dismiss a complaint;
(b) decide that a complaint has been established and deal with it in terms of subsection (2); or
(c) deal with it in terms of subsection (3).
(2) If the Council finds that the complaint has been established, it may privately or publicly -
(a) record the finding;
(b) caution or reprimand the judge; or
(c) recommend such steps as it deems appropriate for the effective administration of justice in the court concerned.
(3) If the Council finds that the conduct of the judge is of such a nature that, in the opinion of the Council, it may require action by the Commission in terms of section 177(1)(a) of the Constitution, it must, within 21 days, submit a report to the Commission.
Publication of findings of, and reports by, Council
28. (1) The disposal of any matter by the Council must be reported in writing as soon as reasonably possible to the head of the court, the judge concerned and to the complainant.
(2) The Council may, in the manner it deems fit, make public its decision.
(3) The Council may, at any time, submit a report to the Commission if it deems it necessary.
Judge not to hold any other office of profit
29. A judge may not, without the consent of the Minister, accept, hold or perform any other office of profit or receive in respect of any service any fees, emoluments or other remuneration apart from his or her salary and any amount which may be payable to him or her in his or her capacity as a judge.
Administrative support to Council
30. The administrative work connected with the performance of the functions of the Council must be performed by officers seconded by the Director-General: Justice and Constitutional Development for that purpose at the request of the Chairperson as and when the need arises.".
Clauses rejected:
Clauses 18, 19 and 20 dealt with in Act 47 of 2001
Amendment of section 1 of Act 90 of 1993, as amended by section 8 of Act 35 of 1996
21. Section 1 of the Magistrates' Act, 1993 (hereinafter referred to as the Magistrates' Act), is amended by the substitution for the definition of "salary" of the following definition:
"'salary' means the annual salary and allowance, if any, payable to a magistrate as contemplated in section 12;".
NEW CLAUSE
Amendment of section 3 of Act 90 of 1993, as amended by section 1 of Act 35 of 1996 and section 29 of Act 62 of 2000
X. Section 3 of the Magistrates Act, 1993, is amended by the substitution for subsection (2) of the following subsection:
"(2) A member of the Commission shall be appointed or designated for a period not exceeding five years, and any such appointment or designation may be withdrawn by the appointing or designating authority, as the case may be, at any time after consultation with the Commission if [in his, her or its opinion] there are sound reasons for doing so.".
Substitution of section 10 of Act 90 of 1993
22. The following section is substituted for section 10 of the Magistrates Act:
"Appointment of magistrates
10. The Minister shall, [after consultation with] on the advice of the Commission, appoint magistrates in respect of lower courts under and subject to the Magistrates' Courts Act.".
Amendment of section 12 of Act 90 of 1993, as amended by section 4 of Act 18 of 1996, section 8 of Act 35 of 1996, section 19 of Act 104 of 1996 and section 35 of Act 47 of 1997
23. Section 12 of the Magistrates Act is amended by —
(a) the substitution for paragraph (a) of subsection (1) of the following paragraph:
"(a) Subject to the provisions of this section, any person occupying the office of magistrate, including a magistrate in an acting or temporary capacity, shall, in respect of that office, in addition to the amounts referred to in section 16, be paid a salary in accordance with the scale determined from time to time for his or her rank and grade by the [Minister] President by [notice] proclamation in the Gazette [in consultation with the Commission and with the concurrence of the Minister of Finance], as contemplated in subsection (8). ";
(b) by the deletion of subsections (3) and (4);
(c) by the substitution for subsection (5) of the following subsection:
"(5) The amount of any salary payable in terms of subsection (1), shall be paid [from moneys appropriated by Parliament for that purpose] out of the National Revenue Fund as contemplated in section 213 of the Constitution.";
(d) by the substitution for subsection (6) of the following subsection:
"(6) The salary payable to a magistrate shall not be reduced [except by an Act of Parliament: Provided that a disapproval contemplated in subsection (4)(b) shall, for the purposes of this subsection, not be deemed to result in a reduction of such salary]."; and
(e) by the addition after subsection (7) of the following subsection:
"(8) (a) Magistrates are entitled to such salaries, allowances or benefits as may be determined by the President from time to time by proclamation in the Gazette, after taking into consideration the recommendations of the Independent Commission for the Remuneration of Public Office-bearers established under section 2 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997 (Act No. 92 of 1997).
(b) The Commission referred to in paragraph (a) must, when investigating or considering the salaries, allowances or benefits of magistrates, take the following factors into consideration:
(i) The role, status, duties, functions and responsibilities of magistrates;
(ii) the affordability of different levels of remuneration of public office-bearers;
(iii) current principles and levels of remuneration in society generally;
(iv) inflationary increases; and
(v) any other factor which, in the opinion of the said Commission, is relevant.".
NEW CLAUSES
Amendment of section 13 of Act 90 of 1993, as amended by section 4 of Act 85 of 1995, section 4 of Act 18 of 1996, section 6 of Act 35 of 1996 and section 11 of Act 122 of 1998
X. Section 13 of the Magistrates Act, 1993, is amended—
(a) by the substitution for paragraph (b) of subsection (3) of the following paragraph:
"(b) A magistrate so suspended from office shall receive, for the duration of such suspension, no salary or such salary as may be determined by the [Minister on the recommendation of the] Commission."; and
(b) by the deletion of subsection (4).
Amendment of section 14 of Act 90 of 1993, as substituted by section 7 of Act 66 of 1998
X. Section 14 of the Magistrates Act, 1993, is amended by the substitution for subsection (1) of the following subsection:
"(1) A magistrate shall possess the powers and perform the duties conferred on or assigned to him or her by or under the laws of the Republic [or, in any specific case, by the Minister after consultation with the Commission].".
Amendment of section 1 of Act 92 of 1997
24. Section 1 of the Independent Commission for the Remuneration of Public
Office-bearers Act, 1997, is hereby amended by the substitution for the definition of "office-bearer" of the following definition:
"'office-bearer' means—
(a) any member of the Cabinet, any Deputy Minister, any member of the National Assembly, any permanent delegate to the National Council of Provinces, any member of the [Council] National House of Traditional Leaders, any member of any provincial house of traditional leaders or any traditional leader;
(b) any member of the Executive Council of a province, any member of any provincial legislature or any member of any Municipal Council of any category or type of municipality; and
(c) any person holding the office of—
(i) judge as defined in section 1 of the Judges' Remuneration and Conditions of Employment Act, 1989 (Act No. 88 of 1989); and
(ii) magistrate who is appointed under section 9 of the Magistrates' Courts Act, 1944 (Act No.32 of 1944), read with section 10 of the Magistrates' Act,1993 (Act No. 90 of 1993), and includes a magistrate in an acting or temporary capacity.".
Amendment of section 8 of Act 92 of 1997
25. Section 8 of the Independent Commission for the Remuneration of Public
Office-bearers Act, 1997, is amended by the substitution for subsections (3) and (4) of the following subsections:
"(3) The Commission may conduct or cause to be conducted such research or obtain such information from the Secretary to Parliament, the secretary to any provincial legislature, the secretary to the [Council] National House of Traditional Leaders, the secretary to any provincial house of traditional leaders, the chief executive officer of any municipality, the secretary to the Judicial Service Commission, the secretary to the Magistrates' Commission or any [office-bearer] functionary or body as may be necessary for the performance of the functions of the Commission under this Act, section 219 of the Constitution or any other law.
(4) The Commission shall publish annually in the Gazette recommendations concerning—
(a) the salary, allowances and benefits of any office-bearer as defined in [paragraph] paragraphs (a) and (c) of the definition of 'office-bearer' in section 1;
(b) the upper limits of the salary, allowances or benefits of any office-bearer as defined in paragraph (b) of the definition of 'office-bearer' in section 1; and
(c) the resources which are necessary to enable an office-bearer to perform the office-bearer's functions effectively.".
Amendment of Schedule 5 to Act 1 of 1999
26. Schedule 5 to the Public Finance Management Act, 1999, is amended by the addition of the following item:
"4. Magistrates Act, 1993 (Act No. 90 of 1993) (covering salaries and allowances of magistrates in terms of section 12).".
Transitional provisions
27. (1) ... Subclauses (1) - (4) dealt with in Act 47 of 2001
(2) ...
(3) ...
(4) ...
(5) The definition of 'salary' contemplated in section 21 of this Act may not be construed or applied in a manner which is less favourable to magistrates than the manner in which it was construed or applied immediately before the commencement of the said section 21 of this Act.
Short title and commencement
28. This Act is called the Judicial Officers Amendment Act, 2001, and comes into operation on a date fixed by the President by proclamation in the Gazette.