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Judicial Service Commission Act, 1994

Act 9 of 1994

This is the version of this Act as it was from 13 July 1994 to 31 May 2010. Read the latest available version.
Judicial Service Commission Act, 1994
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Act 9 of 1994
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South Africa

Judicial Service Commission Act, 1994

Act 9 of 1994

(Afrikaans text signed by the President.)ACTTo regulate matters incidental to the establishment of the Judicial Service Commission by the Constitution of the Republic of South Africa, 1993; and to provide for matters connected therewith.BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

1. Definitions

In this Act, unless the context otherwise indicates—
(i)"chairperson" means the Chief Justice; and
(ii)"Commission" means the Judicial Service Commission established by section 105 of the Constitution.

2. Term of office of certain members of Commission, designation of deputy chairperson, and vacancies

(1)The members of the Commission designated as such in terms of section 105(1)(c), (e), (f), (g), (h) and (i) of the Constitution shall hold office for a term not exceeding five years: Provided that—
(a)the President shall remove any such member from office at any time if the designator who or which designated such member, so requests; or
(b)any such member may resign from office by giving at least one month's written notice thereof to the chairperson.
(2)A member of the Commission designated as such in terms of section 105(1)(e), (f), (g), (h) or (i) of the Constitution shall vacate his or her office automatically if he or she ceases to be qualified to be so designated.
(3)Subject to section 105(1) of the Constitution, any person whose term of office as a member of the Commission has expired, may be redesignated.
(4)The Commission shall designate one of the members holding office in terms of section 105(1)(b), (c), (e), (f), (g) or (i) of the Constitution as deputy chairperson of the Commission, and when the chairperson is not available, the deputy chairperson shall act as chairperson.
(5)A vacancy in the Commission shall—
(a)not affect the validity of the proceedings or decisions of the Commission; and
(b)be filled in accordance with section 105(1) of the Constitution, and any member so designated shall, where applicable, hold office for the unexpired portion of his or her predecessor's term of office.

3. Remuneration and expenses of members of Commission

(1)Any member of the Commission who is a judge, a member of Parliament or a Premier of a province may be paid such allowances for travelling and subsistence expenses incurred by him or her in the performance of his or her functions as a member of the Commission as the Minister of Justice may determine with the concurrence of the Minister of Finance.
(2)Any member of the Commission who is not—
(a)a judge;
(b)a member of Parliament;
(c)a Premier of a province; or
(d)in the employ of the State and subject to the laws governing the public service,
may be paid such remuneration, including allowances for travelling and subsistence expenses incurred by him or her in the performance of his or her functions as a member of the Commission, as the Minister of Justice may determine with the concurrence of the Minister of Finance.

4. Secretary and staff of Commission

The work incidental to the performance by the Commission of its functions shall be performed by officers of the Department of Justice designated by the Director-General: Justice, in consultation with the Commission, of whom one shall be designated by him or her as secretary of the Commission.

5. Publication of procedure of Commission

The Minister of Justice shall by notice in the Gazette, make known the particulars of the procedure which the Commission has determined in terms of section 105(4) of the Constitution.

6. Annual report

The Commission shall within six months after the end of every year submit to Parliament a report in writing regarding its activities during that year.

7. Short title

This Act shall be called the Judicial Service Commission Act, 1994.
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History of this document

01 August 2016
Read this version
22 January 2014
Read this version
01 June 2010
Read this version
13 July 1994 this version
Published in Government Gazette 15850
Commenced
05 July 1994
Assented to

Cited documents 3

Act 3
1. Constitution of the Republic of South Africa, 1996 12585 citations
2. Public Finance Management Act, 1999 2736 citations
3. Judges Remuneration and Conditions of Employment Act, 2001 78 citations

Documents citing this one 36

Gazette 18
1. North-West Provincial Gazette dated 1994-09-02 number 34
2. North-West Provincial Gazette dated 2018-04-11 number 7868
3. South Africa Government Gazette Regulation Gazette dated 1996-02-02 number 16952
4. South Africa Government Gazette dated 1998-10-28 number 19403
5. South Africa Government Gazette dated 2008-10-27 number 31540
6. South Africa Government Gazette dated 2012-10-11 number 35788
7. South Africa Government Gazette dated 2014-01-22 number 37254
8. South Africa Government Gazette dated 2014-02-28 number 37390
9. South Africa Government Gazette dated 2016-01-08 number 39587
10. South Africa Government Gazette dated 2018-03-29 number 41547
Judgment 15
1. Helen Suzman Foundation v Judicial Service Commission [2018] ZACC 8 (24 April 2018) 21 citations
2. Judicial Service Commission and Another v Cape Bar Council and Another (818/2011) [2012] ZASCA 115 (14 September 2012) 19 citations
3. Justice Alliance of South Africa v President of Republic of South Africa and Others, Freedom Under Law v President of Republic of South Africa and Others, Centre for Applied Legal Studies and Another v President of Republic of South Africa and Others [2011] ZACC 23 (29 July 2011) 12 citations
4. De Lacy and Another v South African Post Office [2011] ZACC 17 (24 May 2011) 9 citations
5. Nkabinde and Another v Judicial Service Commission and Others (20857/2014) [2016] ZASCA 12 (10 March 2016) 7 citations
6. Helen Suzman Foundation v Judicial Service Commission (145/2015) [2016] ZASCA 161 (2 November 2016) 3 citations
7. Seriti and Another v Judiciary Service Commission and Others (32193/2023) [2023] ZAGPJHC 303 (14 April 2023) 3 citations
8. Speaker of National Assembly v Public Protector and Others ; Democratic Alliance v Public Protector and Others [2022] ZACC 1 (4 February 2022) 3 citations
9. Freedom Under Law v Judicial Service Commission and Another (550/2022) [2023] ZASCA 103 (22 June 2023) 2 citations
10. Democratic Alliance v Hlophe and Others ; Corruption Watch NPC v Speaker of National Assembly and Others ; Freedom under Law NPC v Speaker of National Assembly and Others (16170/2024; 16463/2024; 16771/2024) [2024] ZAWCHC 163 (27 September 2024)
Government Notice 3
1. Code of Judicial Conduct, 2012
2. Norms and standards for the performance of judicial functions, 2014
3. Regulations relating to the Judicial Service Commission Act, 1994

Subsidiary legislation

Title
Regulations relating to the Judicial Service Commission Act, 1994
Dispute Resolution and Mediation
Government Notice R56 of 2014
Dispute Resolution and Mediation
Code of Judicial Conduct, 2012
Dispute Resolution and Mediation
Government Notice R865 of 2012
Dispute Resolution and Mediation