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NATIONAL ASSEMBLYÂ
QUESTION FOR WRITTEN REPLY
QUESTION NO.: 225
DATE OF PUBLICATION: 05 MARCH 2009
225.   Mrs N W A Michael (DA) to ask the Minister of Justice and
Constitutional   Development:
(1)Â Â Â Â Â Â (a) To how many daysâ leave is a (i) judge and (ii) magistrate,
entitled, (b) what procedure is followed in applying for leave and (c)
who signs the approval of leave in each case;
(2)Â Â Â Â Â Â (a) what is the procedure followed by a (i) judge and (ii)
magistrate if he/she applies for more leave than the entitled number
of annual leave days and (b) who signs this type of approval of leave
in each case;
(3)Â Â Â Â Â Â whether the (a) judge and (b) magistrate taking such leave is
paid while on leave; if not, why not; if so, what are the relevant
details;
(4)Â Â Â Â Â Â how is special extended leave defined for a (a) judge and (b)
magistrate?                                        Â
                       NW239E
REPLY:-
The information related to Judges is detailed below:-
(1)(a)(i) and (1)(b)(i). Regulations 3(1) and (2) of the regulations
promulgated in terms of the Judgesâ Remuneration and Conditions of
Employment Act, 2001 (Act No.47 of 2001), make provision for vacation leave
of a judge and reads as follows:
âVacation Leave: 3(1) The Minster may, on the recommendation of the Chief
Justice, the President of the Supreme Court of Appeal or the Judge
President concerned, as the case may be, grant leave to a Constitutional
Court Judge or a judge for a period of three and a half months for every
period of four yearsâ actual service completed by the Constitutional Court
judge or judge or for a shorter period and subject to such conditions as
the Minister may in any particular case deem fit.â
â3(2) Leave referred to in subregulation (1) shall, in the case of a judge
of a provincial or local division, be taken in such a way that it does not
extend over more than one term of that division, except with the consent of
the Minister granted on the recommendation of the judge president
concerned.â
(1)(c)(i) The Minister of Justice and Constitutional Development.
(2)(a)(i) Regulation 4 of the said regulations makes provision for
additional leave of a judge and reads as follows:
âAdditional Leave:Â 4. If a Constitutional Court judge or judge waives in
writing his or her right to unreduced remuneration in terms of section
176(3) of the Constitution of the Republic of South Africa, 1996 (Act No.
108 of 1996), the Minister may in terms of regulation 3 and on the
recommendation of the Chief Justice, the President of the Supreme Court of
Appeal or the Judge President concerned, grant such Constitutional Court
judge or judge additional leave on half pay for a period not exceeding one
and a half monthsâ.
(2)(b)(i) The Minister of Justice and Constitutional Development.
(3)(a)Â Â I refer to my response in 2 (a) (i) above.
(4)(a) Â Â Â Regulation 5 of the said regulations makes provision for special
leave of a judge and reads as follows:
âSpecial Leave: 5. If in exceptional circumstances the Minister is
satisfied that leave for which no provision has been made in these
regulations should be granted in a specific case, he or she may, on the
recommendation of the Chief Justice, the President of the Supreme Court of
Appeal or the judge presidnt concerned, grant such leave on such conditions
as he or she may deem necessary, whether it be leave with full remuneration
or leave with reduced or no remuneration, provided that the Constitutional
Court judge or judge concerned has, in the case of leave with reduced
remuneration or leave without remuneration, in writing waived his or her
right to unreduced remuneration in terms of section 176(3) of the
Constitution of the Republic of South Africa, 1996 (Act No.108 of 1996).â
The information related to Magistrates is detailed below:-
(1)(a)(ii) With reference to vacation leave, Magistrates appointed before 1
July 1966 are entitled to 38 days per annum.
Magistrates appointed on or after 1 July 1966,
⢠upon completion of 10 years service are entitled to 36 days per annum
⢠until they have completed 10 years service are entitled to 30 days per
annum.
(1)(b)Â Â Â Â Â An application for leave by a magistrate must be submitted
timeously on the prescribed form to his or her judicial head of office for
recommendation and submission to the Minister or his or her delegate for
approval.
(1)(c)Â Â Â Â Â The Minister or a person designated by him or her approves the
leave of a Magistrate. The Minister has delegated this function to
Regional Court Presidents and Chief Magistrates (Heads of Court).
(2)(a)(ii) When applying for more leave than entitled to, a magistrate must
submit the request timeously on the prescribed form to his or her judicial
head of office for recommendation and submission to the Minister or his or
her delegate for approval.
(2)(b)(ii)The Minister or a person designated by him or her approves the
leave of a Magistrate. The Minister has delegated this function to
Regional Court Presidents and Chief Magistrates (Heads of Court).
(3)(b)Â Â Â Â Â Magistrates taking special leave, i.e. more leave than entitled
to, will be paid if the leave is taken for the following reasons :-
Examinations; Study; Attendance of classes during office hours; Pregnancy
and confinement; Sports purposes; Packing/loading and unloading/unpacking
of personal effects on resettlement as the result of a transfer; and Staff
Association.
(4)(b)Â Â Â Â Â A magistrate does not qualify for âspecial extended leaveâ, but
qualifies for special leave with full pay.