Judicial Service Commission Act, 1994

This is the version of this Act as it was from 13 July 1994 to 31 May 2010. Read the latest available version.
Jurisdiction
South Africa
Citation
Act 9 of 1994
Date
Language
English
Type
Legislation
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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
Commenced
05 July 1994
Assented to

Subsidiary legislation

Title Numbered title
Code of Judicial Conduct, 2012 Government Notice R865 of 2012
Regulations relating to the Judicial Service Commission Act, 1994 Government Notice R56 of 2014

Cited documents 3

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

Documents citing this one 34

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 Regulation Gazette dated 1997-06-13 number 18059
  5. South Africa Government Gazette Regulation Gazette dated 2002-04-05 number 23277
  6. South Africa Government Gazette Regulation Gazette dated 2003-03-27 number 24596
  7. South Africa Government Gazette Regulation Gazette dated 2012-10-18 number 35802
  8. South Africa Government Gazette Regulation Gazette dated 2012-12-07 number 35954
  9. South Africa Government Gazette Regulation Gazette dated 2013-11-22 number 37055
  10. South Africa Government Gazette Regulation Gazette dated 2014-01-29 number 37272
  11. South Africa Government Gazette Regulation Gazette dated 2014-01-29 number 37273
  12. South Africa Government Gazette dated 1998-10-28 number 19403
  13. South Africa Government Gazette dated 2008-10-27 number 31540
  14. South Africa Government Gazette dated 2012-10-11 number 35788
  15. South Africa Government Gazette dated 2014-01-22 number 37254
  16. South Africa Government Gazette dated 2014-02-28 number 37390
  17. South Africa Government Gazette dated 2016-01-08 number 39587
  18. South Africa Government Gazette dated 2018-03-29 number 41547
Judgment 14
  1. De Lacy and Another v South African Post Office [2011] ZACC 17 (24 May 2011)
  2. Do it All Renovators CC v Kapp (A3066/2021) [2023] ZAGPJHC 548 (23 May 2023)
  3. Freedom Under Law v Judicial Service Commission and Another (550/2022) [2023] ZASCA 103 (22 June 2023)
  4. Helen Suzman Foundation v Judicial Service Commission [2018] ZACC 8 (24 April 2018)
  5. Helen Suzman Foundation v Judicial Service Commission and Others (145 of 2015) [2016] ZASCA 161 (2 November 2016)
  6. Hlophe v Judicial Service Commission and Others (43482/2021) [2022] ZAGPJHC 276 (5 May 2022)
  7. Hlophe v Judicial Service Commission and Others (43482/21) [2022] ZAGPJHC 908 (5 May 2022)
  8. IMATU and Another v City of Matlosana Local Municipality N.O. and Another (J 620/14) [2014] ZALCJHB 134 (10 April 2014)
  9. Judicial Service Commission and Another v Cape Bar Council and Another (818/2011) [2012] ZASCA 115 (14 September 2012)
  10. 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)
  11. Nkabinde and Another v Judicial Service Commission and Others (20857/2014) [2016] ZASCA 12 (10 March 2016)
  12. Premier of the Western Cape Province v Acting Chairperson: Judicial Service Commission and Others (25467/2009) [2010] ZAWCHC 80 (31 March 2010)
  13. Seriti and Another v Judiciary Service Commission and Others (32193/2023) [2023] ZAGPJHC 303 (14 April 2023)
  14. Speaker of National Assembly v Public Protector and Others ; Democratic Alliance v Public Protector and Others [2022] ZACC 1 (4 February 2022)
Legislation 2
  1. Code of Judicial Conduct, 2012
  2. Norms and standards for the performance of judicial functions, 2014