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DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
REPUBLIC OF SOUTH AFRICA
NATIONAL ASSEMBLY
PARLIAMENTARY QUESTION FOR WRITTEN REPLY
QUESTION NO.: 2142
DATE OF PUBLICATION: 13 NOVEMBER 2009
2142. Mrs N W A Michael (DA) to ask the Minister of Justice and
Constitutional
development: (Interdepartmental transfer on 13 November 2009)
Whether her department provides transport for (a) judges, (b) acting
judges, (c) magistrates
or (d) any other specified judicial officials; if so, (i) to how many
officials in each category,
(ii) who received this transport, (iii) when, (iv) what is the make
and model of the vehicle provided to each person, (v) what is the cost
of (aa) each of these vehicles and (bb) extras or accessories and (vi)
what is the acquisition date of each vehicle?
NW2827E
REPLY:-
Introduction
Section 12 of the Judgesâ Remuneration and Conditions of Employment
Act, 2001 (Act No. 47 of 2001), provides as follows:-
â12. Making available of motor vehicles to Constitutional Court
judges and judges.- A motor vehicle owned by the State may, on such
conditions as the Minister may determine with the concurrence of the
Minister of Transport, be made available to any person who holds
office as a Constitutional Court judge or judge in a permanent or
acting capacity, whether he or she performs active service, for use,
in accordance with the conditions so determined, in the course of his
or her official functions as well as for his or her private purposes.â
Paragraph 3 of the Conditions on which Government Motor Vehicles are
allocated to Judges determines as follows:
âThe class of government motor vehicle that is made available to a
permanent judge shall be determined by the Minister of Justice in
consultation with the Minister of Transport. Within the class
concerned, a judge may exercise a choice concerning make and colour
scheme if he is to be supplied with a new motor vehicle.â
On 12 January 1994, the Minister of Justice in consultation with the
Minister of Transport approved that Judges have a choice of a Mercedes
Benz S320 or a BMW 740iA âAs the highest class of government motor
vehicle or any less expensive sedan vehicleâ. On 22 February 1999 the
class of motor vehicles was extended to include 4 x 4 vehicles,
provided that the price of such vehicles does not exceed the price of
a Mercedes Benz S320 (now S350) or BMW740iA (now 740i steptronic).
During October 2009 the prices of the above-mentioned cars were R 950
000.00 and R 907 500.00 respectively.
A motor vehicle shall be supplied by the State for use to a Judge who
has applied therefore. Such vehicle remains the property of the
State.
The first vehicle supplied to a Judge is paid by the Department of
Justice and Constitutional Development and replacement vehicles by the
Provincial Government concerned. Replacement vehicles ordered through
the Provincial Governments KwaZulu Natal, Eastern Cape and North West
are however paid by the Department of Justice and Constitutional
Development, since these Provincial Governments do not have the
necessary trade accounts.
In a minute T89/1/41 dated 30 July 1990, the Director-General:
Transport indicated that vehicles can be replaced after it has
completed 160 000 kilometers. Judges may continue to use their
vehicles after 160 000, however, if the vehicles are still in a good
mechanical condition.
When a motor vehicle, as per GGMT (Government Garage Motor Transport)
policy has exceeded its 4-year utilization, even though the mileage is
less than 160 000, the GG Motor Transport is entitled to replace the
vehicle at their cost.
a) I refer the Honourable Member to the introductory paragraph above.
b) Acting judges make use of pool motor vehicles at the relevant High
Court.
(c) Official transport is not provided to magistrates. An all-
inclusive salary package is payable to judicial officers in the
lower courts and which is determined by the President in terms of
section 12 of the Magistrates Act, 1993 (Act No. 90 of 1993).
Magistrates are obliged to use their private vehicles for official
purposes subject to the following conditions:
⢠A magistrate is obliged to maintain a reliable motor vehicle to be
utilised for official journeys (when necessary).
⢠A magistrate may purchase/lease a new or reliable pre-owned motor
vehicle.
⢠No time-frame exists when a motor vehicle should be replaced.
⢠The magistrate must at all times have his/her motor vehicle (or a
substitute) available for official journeys.
⢠The Regional Court President/Head of Administrative Regions must
decide whether a magistrate must utilise his/her private motor
vehicle or make use of the provisions for official journeys when
transport is used for official purposes, taking into account
practical implications, cost effectiveness, road conditions etc.
⢠A magistrate must secure his/her own financing of loans. The
Stateâs contract with Stannic to grant loans to magistrates is
available. Should a magistrate not be able to successfully secure
a loan, he/she may apply for a guarantee from the National
Treasury, through the Department of Justice and Constitutional
Development, in order to secure a loan.
⢠A magistrate must obtain and maintain comprehensive insurance on
the motor vehicle, and is fully responsible for all running and
maintenance costs and the cost of registration and licensing of
the motor vehicle.
⢠A magistrate may not participate in the Subsidised Motor Transport
Scheme.
⢠If a magistrate utilises his/her private motor vehicle to travel
for official purposes away from his/her usual place of work, the
Executing Authority shall reimburse toll fees as well as parking
fees. The magistrate is responsible for parking fees (if levied)
at the normal place of work.
⢠Any journey between a magistrateâs home and usual place of work
constitutes a private journey.
⢠If a magistrate utilises his/her private motor vehicle to carry
out official duties, the Executing Authority will compensate
him/her for all official kilometres, as per the Department of
Transportâs determination on tariffs for the use of private motor
transport, provided they comply with all the prescribed qualifying
criteria (i.e. approved official journey).
d) No.
(i) The information regarding judges is not readily available,
however, the information for 2008 and 2009 is as follows:
For 2008: 1st vehicle - 6 judges
Replacement vehicles - 22 judges
For 2009: 1st vehicle - 15 judges
Replacement vehicles - 19 judges
Not applicable to acting judges, magistrates or any other
judicial officials.
ii) Permanent Judges.
Not applicable to acting judges, magistrates or any other
judicial officials.
(iii) With regard to judges, see (i) above.
Not applicable to acting judges, magistrates or any other
judicial officials.
(iv) As far as judges are concerned, the make and model of these
motor vehicles differ depending on the request of the judge.
As far as acting judges are concerned, the make and model differ
in view there-of that they make use of pool vehicles.
Not applicable to magistrates or any other judicial officials.
(v) As far as judges are concerned:
Maximum of R950 000.00 (this price differs every month,
according to and depending on the book value of such vehicles
(Mercedes Benz S350 and BMW 740i steptronic).
As far as judges are concerned, the accessories, together with
the purchase price of the vehicle, should not exceed the maximum
amount of R950 000.00.
Not applicable to acting judges, magistrates or any other
judicial officials.
(vi) As far as judges are concerned, as soon as they are appointed
permanently.
As far as acting judges are concerned, as soon as someone is
appointed in an acting capacity as a judge.
Not applicable to magistrates or any other judicial officials.